NATIONAL ENVIRONMENTAL MANAGEMENT LAWS

AMENDMENT BILL, 2013Briefing to Portfolio Committee on Water and Environmental Affairs

25 July 2013

BACKGROUND• The National Environmental Management Act, 1998 is

the environmental framework legislation which provides for environmental management in the Republic.

• Currently, mining activities on mining areas are excluded from the scope of the National Environmental Management Act, 1998, since they are regulated in terms of the Mineral and Petroleum Resources Development Act, 2002.

• In 2006, the Departments of Environmental Affairs and Mineral Resources agreed on One Environmental System for the country.

BACKGROUND• The 2006 Agreement culminated in the National

Environmental Management Amendment Act, 2008 (Act No. 62 of 2008) and Mineral and Petroleum Resources Development Amendment Act, 2008 (Act No. 49 of 2008).

• In summary, the 2006 Agreement envisaged the following:- Minister of Mineral Resources will implement environmental matters in terms of NEMA in mining areas (including issuing environmental authorisations for mining activities);- Minister of Environmental Affairs will be the Appeal Authority.

BACKGROUND• The National Environmental Management Amendment

Act, 2008 (Act No. 62 of 2008) came into operation on 1 May 2009.

• The Mineral and Petroleum Resources Development Amendment Act, 2008 (Act No. 49 of 2008) came into operation on 7 June 2013.

• In terms of section 14(2) of the NEMAA, 2008, any provision in NEMA (as amended by the NEMAA, 2008) relating to prospecting, mining, exploration and production and related activities comes into operation on a date 18 months from 7 June 2013.

BACKGROUND• In 2011, the Ministers of Mineral Resources and Water and

Environmental Affairs established an Inter-Departmental Project Implementation Committee (IPIC).

• Objective of the IPIC was to finalise the discussions on alignment of environmental functions relating to mining.

• IPIC had task teams looking at the following issues:- Capacity;- Communication with stakeholders;- Compliance monitoring and enforcement;- Timeframes;- Joint planning (including information sharing, mapping, spatial

matters, systems development); and- Appeals and legislation amendments.

BACKGROUND• The 2012 IPIC Agreement deviate from the 2008 Amendment

Act position:- The Minister of Mineral Resources will be the competent authority to issue environmental authorisations for mining activities undertaken in perpetuity – the function will not revert to DEA after three years;- The Minister of Mineral Resources will appoint inspectors within the Department of Mineral Resources to monitor compliance and enforce environmental matters on mining areas;- The Minister of Water and Environmental Affairs will be the appeal authority for environmental authorisations issued by the Minister of Mineral Resources. The provision relating to in-process appeals is repealed.

Background

• DEA, DWA and DMR agreed on the time-frames and process for licensing

BACKGROUND• The National Environmental Management Laws

Amendment Bill, 2013 (NEMLA Bill) must be read with the following Acts and Bill:- National Environmental Management Act, 1998;- National Environmental Management Amendment

Act, 2008;- Mineral and Petroleum Resources Development Act, 2002;- Mineral and Petroleum Resources Development

Amendment Act, 2008; and- Mineral and Petroleum Resources Development Amendment Bill [B 15─2013].

OBJECTIVES OF NEMLA BILL

• The National Environmental Management Amendment Bill, 2013 amends certain provisions under the National Environmental Management Act, 1998, National Environmental Management: Waste Act, 2008 and the National Environmental Management Amendment Act, 2008 to give effect to One Environmental System by empowering the Minister of Mineral Resources to implement environmental matters as far as it relates to mining activities in terms of the National Environmental Management Act, 1998.

PROPOSED AMENDMENTS TO THE NATIONAL ENVIRONMENTAL

MANAGEMENT ACT, 1998

NEMLA BILL• Clause 1: revises the following definitions-

- “environmental management inspector” – to correct a cross reference;

- “Minister of Minerals and Energy” – to ensure that the definition is aligned with the Minister of Mineral Resources’ mandate to implement environmental matters under NEMA;

• Insertion of a new definition for “environmental mineral resources inspector” to indicate that these inspectors will be designated by the Minister of Mineral Resources in terms of the new section 31BB;

NEMLA BILL• Deletion of definitions on “residue

deposit” and “residue stockpile” as the provisions relating to these matters will be moved to the National Environmental Management: Waste Act, 2008.

NEMLA BILL• Clause 2- Deletes paragraph (vi) in section 24(5)(b) regarding the

development of regulations on the management and control of residue deposits and residue stock piles on a mining area.

- These regulations will be developed in terms of the National Environmental Management: Waste Act, 2008.

• Clause 3- Amends section 24C to indicate that the Minister of

Mineral Resources is the competent authority for prospecting, mining, exploration, production activities in the area for which the right has been applied for.

NEMLA BILL• Clause 4- Amends section 24O by reducing the consultation period

from 40 to 30 days between State departments with respect to an application for an environmental authorisation.

• Clause 5- Inserts new section 31BB empowering the Minister of Mineral

Resources to designate environmental mineral resources inspectors to monitor compliance and enforce the environmental authorisations issued by her, certain provisions of the National Environmental Management Act, 1998, as well as those provisions of the National Environmental Management: Waste Act, 2008 implemented by her.

NEMLA BILL• Clause 6- Amends section 31D, as a consequential amendment, to

ensure that the designated environmental mineral resources inspectors are responsible for compliance monitoring and enforcement of only specific provisions of the National Environmental Management Act, 1998 and the National Environmental Management: Waste Act, 2008 in so far as it relates to prospecting, mining, exploration, production activities.

• Clause 7- Deletes section 43(1B) as there are no in process

appeals. Transitional arrangement provides for a process to deal with pending appeals.

PROPOSED AMENDMENTS TO THE NATIONAL ENVIRONMENTAL

MANAGEMENT: WASTE ACT, 2008

NEMLA BILL• Clause 8- Amends section 1 to insert the definitions of

“residue deposits and residue stock piles” under the NEMWA.

• Clause 9- Deletes paragraph (b) in section 4(1) to ensure

that the environmental management of residue deposits and residue stock piles falls under the jurisdiction of NEMWA.

NEMLA BILL• Clause 10- Inserts subsection (1A) in section 43 to ensure that the

Minister of Mineral Resources continues as the licensing authority for residue deposits and residue stock piles.

• Clause 11- Inserts paragraph (iA) empowering the Minister of Water

and Environmental Affairs to develop regulations on the management and control of residue deposits and residue stock piles on a mining area for implementation by the Minister of Mineral Resources.

PROPOSED AMENDMENTS TO THE NATIONAL ENVIRONMENTAL

MANAGEMENT AMENDMENT ACT, 2008

NEMLA BILL• Clause 12- Inserts subsection (6) and (7) in section 12 to provide for

any appeals lodged in terms of the MPRDA, 2002 to be finalised under that Act, and to provide for any appeals lodged after the date of commencement of the NEMLA Bill to be processed in terms of NEMA, as amended.

• Clauses 13 and 14 - Repeal section 13 and Schedule to NEMAA to ensure

that the Minister of Mineral Resources is the permanent competent authority with respect to prospecting, mining, exploration, production activities. The function will not revert back to the Department after 18 months as it was envisaged by section 13 and the Schedule.

THANK YOU