NATIONAL ENVIRONMENTAL MANAGEMENT LAWS SECOND AMENDMENT BILL

1. NATIONAL ENVIRONMENTAL MANAGEMENT LAWS SECOND AMENDMENT BILL

2. Background • Introduced the National Environmental Management Laws Amendment Bill, B13 in Parliament • After public hearings and deliberations Bill was split into two • The non-controversial biodiversity amendments were passed by the National Assembly as the National Environmental Management First Amendment Bill, B13B – 2012

3. Content of the Bill • Original provisions of the Bill as was introduced by Parliament • Amendments requested by the Portfolio Committee • Further amendments requested by the Department

4. Content of the Bill • Added 2 new definitions for “disaster” and “adopted” • Adjust the time-frames for the preparation of environmental management and environmental implementation plans • Provide for the submission of environment outlook reports – added regulations to prescribe the process for submission, scrutiny, adoption and compliance with the environment outlook reports

5. Content of the Bill • Further amended the heading of section 24 (was Environmental Authorisations) → Environmental Impact Management → Integrated Environmental Management • Empower the Minister to restrict or prohibit the granting of an environmental authorisation for certain listed or specified activities in certain geographical areas for a cetain period of time

6. Content of the Bill • Added – competent authority may not accept further applications • Added – pending application will be deemed to have been withdrawn • Expanded the power to develop norms and standards – activities, geographical areas, sectors • Amend section 24C to clarify when the Minister will be the competent authority

7. Content of the Bill • New – the Minister will be the competent authority if the activity “is, or relates to, a matter that has been declared a national priority by means of a Cabinet decision” • Empower the Minister to take a decision in the instances where the MEC fails to take a decision • New – added certain requirements before this could happen

8. Content of the Bill • All the criminal provisions are now in one place in the Act • Section 24F – No person may commence with a listed or specified activity without an environmental authorisation or in terms of an applicable norm or standard – offence

9. Content of the Bill • New – emergency as a defence is qualified • Emergency not caused by the fault of the person wishing to rely on the defence • Response was necessary and proportionate to the threat to human life, property or the environment

10. Content of the Bill • Section 24 G – Consequences of the unlawful commencement of an activity • Section 24G is applicable to a person who commenced • with a listed or specified activity without an environmental authorisation • A waste management activity without a licence

11. Content of the Bill • The Minister/ MEC/ Minister of Mineral Resources may direct the applicant to- • Cease the activity pending a decision (new) • Compile a report • The Minister/ MEC/ Minister of Mineral Resources may • Refuse to issue an environmental authorisation • Issue an environmental authorisation (take effect from date of issue) • Defer a decision pending outcome of the criminal investigation, criminal proceedings, appeal or review proceedings

12. CONTENT OF THE BILL • The fine is increased from R1-5 million • Clarify that the submission of an application or the granting of an environmental authorisation in no way derogate from the authority’s legal authority to initiate or conduct criminal investigation or prosecution. (new) • Added power to make regulations relating to the criteria and procedure to be followed in the determination of the administrative fine (new)

13. Content of Bill • No exemption from obtaining an environmental authorisation (when required ito s 24(a) or (b) • New power to provide exemption for a project that is of national and provincial importance and is aimed at preventing and mitigating serious harm to the environment or property.

14. Content of the Bill • To provide for the consideration of adopted environmental management instruments when considering an environmental authorisation • Amendments to section 28 to make it easier for the authority to issue a directive and to empower the authority to, among others, direct a person to cease with any activity, operation or undertaking

15. CONTENT OF THE BILL • Add new provision to allow a person to commence with a listed or specified activity to prevent, contain and mitigate the effects of a disaster without an environmental authorisation • Environmental Management Inspectors will now be able to seize vehicles, vessels, aircraft, pack-animal or any mechanism of transport under certain circumstances

16. CONTENT OF THE BILL • Added provision that the Minister may from time to time regulate, prohibit or control the production, sale, distribution, import or export of products that may have a substantial detrimental effect on the environment • Add consultation with Cabinet Members whose areas of responsibility will be affected.

17. CONTENT OF THE BILL • Provisions regarding the additional methods of delivery of documents • Revert back to the original wording re proof of receipt

18. CONTENT OF THE BILL • The Act bind the state without exception • Offences & Penalties clauses

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