Amendment Bill, 2007, which provides for the further regulation of environmental impact assessments, environmental authorizations and incidental matters for comment. More details are set out in the explanatory memorandum and the attached Bill.
The National Environmental Management Act, 1998 (NEMA) provides for co-operative environmenta! governance by establishing principles ior decision-making on matters affecting the environment, institutions that will promote co-operative governance and procedures for coordinating environmental functions exercised by organs of state.
Section 24 provides for both the Minister and MEC to identify activities or areas in which certain activities may not be undertaken in the absence of an environmental authorization.
Section 43 provides for appeal procedures in respect of any decision made by the relevant competent authority.
Words in boid type in square brackets indicate omissions from existing enactments.
To amend the National Environmental Management Act, 1998, so as to insert certain definitions and substitute others; to make further provision regarding environmental authorisations; to make certain textual alterations and to provide for incidental matters.
"'environmental authorisation'. when used in Chapter 5. means the terms of this Act:".
Substitution 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 and specified activities must be considered, investigated, assessed and reported on to the competent authority charged by this Act with granting the relevant environmental authorisation.
Provided that where an activity falls under the jurisdiction of another Minister or MEC, a decision in respect of paragraphs (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 compile 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.
that the findings and recommendations flowing from such investigation, 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 (3) are considered.
Minister, and laying down the procedure tc be followed in applying for, issuing of ant laying down the procedure to be followed and the institutiona!
the efficient administration and processing of environmenta!
prescribing any other matter necessary for dealing with making and evaluating applications for environmental authorisations.
An MEC may make regulations in terms of subsection (5) only in respect of listed and specified activities or areas in respect of which the MEC is the competent authority.
Compliance with the procedure laid down by the Minister or an MEC in terms of subsection (4) does not remove the need to obtain an authorisation, other than an environmental authorisation, for that activity from any organ of state charged by law with authorising, permitting or othetwise allowing the implementation of the activity.
more than one province or traverse international boundaries; or compliance with obligations resting on the Republic under customary international law or a convention.
and enforcement conditions relatina to prescribed norms and standards.
Substitution of section 24C of Act 107 of 1998 3.
Procedure for identifying the competent authority 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 an area protected bv means of an international environmental instrument.
a national department: a provincial department responsible for environmental affairs; or a statutory body, excluding any municipality, performing an exclusive competence of the national sphere of government; or will take place within a national proclaimed protected area or other conservation area under control of a national authority.
Substitution of section 24D of Act 107 of 1998 4.
24D. The Minister or MEC, as the case may be, must publish in the relevant Gazette a notice, listing activities or areas identified in terms of section 24 (2) and listing the competent authorities identified in terms of section 24C and the date on which the list is to come into effect.
Substitution of section 24F of Act 107 of 1998 5.
unless the competent authority has granted an environmental authorisation for the activity, and no person may continue an existing activity listed or specified in terms of section 24 (2) (d)if an application for an environmental authorisation is refused.
or the conditions applicable to any environmental authorisation granted for a listed or specified activity.
It is a defence to a charge in terms of subsection (2) to show that the activity was commenced or continued in response to an emergency so as to protect human life, property or the environment.
A person convicted of an offence interms of subsection (2) is liable to a fine not exceeding R5 million or to imprisonment for a period not exceeding ten years, or to both such fine and such imprisonment.
Substitution of section 24G of Act 107 of 1998 6.
provide such other information or undertake such further studies as the Minister or MEC may deem necessary.
direct the person to cease the activity, either wholly or in part, and to rehabilitate the environment within such time and subject to such conditions as the Minister or MEC may deem necessary; or issue an environmental authorisation to such person subject to such conditions as the Minister or MEC may deem necessary.
A person who fails to comply with a directive contemplated in subsection (2) (a) or who contravenes or fails to comply with a condition contemplated in subsection (2) (b) is guilty of an offence and liable on conviction to a penalty contemplated in section 24F (4).
Amendment of section 24H of Act 107 of 1998, as amended by Act 8 of 2004 7.
Amendment of section 24 of Act 107 of 1998, as amended by Act 8 of 2004 8.
24J. The Minister may.
Amendment of section 24 of Act 107 of 1998, as amended by Act 8 of 2004 9.
Consultation between competent authorities and consideration of legislative compliance requirements of other organs of state having jurisdiction of an activitv or process which also requires environmental authorization under this Act, in resDect of the co-ordination of the requirements of the leqislation and any requlations promulqated under the Act, to avoid duplication in the submission of such information or the carwinq out of such processes.
The Minister or MEC may.
for purposes of the environmental authorization requirements provided in this Act. consider any of an activity or process which also requires environmental authorization under this Act.
local authorities and aovernment institutions from application of certain provisions to the Minister and every MEC. as the case may be, with the furnishing of reasons, for exemption from the application of anv provision of section 23 or 24 of this Act.
MEC. as the case may be. may after considering in writinq grant exemption from compliance with any of or all the provisions of section 23 or 24 of this Act.
in writinq withdraw the exemption concerned or at his discretion determine new conditions. J4 The Minister and every MEC, as the case may be. mav from time to time review any exemption granted or condition determined. and if he deems it necessary, withdraw such exemption or delete or amend such condition.
Any affected person may appeal to the Minister against a decision taken by any person acting under a power delegated by the Minister under this Act or a specific environmental management Act.
(2)Any affected person may appeal to the relevant MEC against a decision taken by any person acting under a power delegated by the MEC under this Act or a specific environmental management Act.
(c)any directive issued in terms of Chapter 5.
to (2) must be noted and must be dealt with in the manner prescribed and upon payment of a prescribed fee.
The Minister or MEC, as the case may be, may 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 decision, including the decision that the prescribed fee paid by the appellant, or any part thereof, be refunded.
@An appeal under this section does not suspend an environmental authorisation or exemption, or any provisions or conditions attached thereto, or any directive, unless the Minister or MEC directs otherwise.
2007 and commences on a date determineti by the President by proclamation in the Gazette.