2. National Environmental Management Act Second Amendment Bill PRESENTATION TO THE NCOP 23 SEPTEMBER 2003 Wynand Fourie DEPARTMENT OF ENVIRONMENTAL AFFAIRS AND TOURISM

3. Overview  Introduction  Rationale  What is new?  Small corrections

4. Introduction  NEMA was introduced in 1998  Framework for environmental management  ECA 1989 provided for environmental protection  1997 regs required EIAs for listed activities  EIAs have been implemented for 6 years  Section 50 repeals EIA provisions of ECA  NEMA needs amendment to enable effective implementation  Shift focus from process to management of impacts

5. Rationale for amending NEMA  Streamline EIA process  Implementation easier  Removes ambiguity  Provides clarity in terms of process  Provides for other IEM tools  Replace ECA provisions

6. What is new?  Definitions expanded [1]  competent authority  environmental assessment practitioner  environmental authorization  Shift focus from “all activities…” to “listed activities” [24(1)]  Identify geographical areas [24(2)]  specified activities not to commence  specified activities excluded from authorization

7. What is new? (cont)  Regulations to provide for:  application fees and cost recovery for review  financial security to be requested  registered environmental assessment practitioner to perform EIA  register of applications to be kept  offences and penalties  minimum report content  review mechanisms and procedures [24(5)]

8. What is new? (cont)  Provision for  delisting activities & areas [24B]  minimum conditions for environmental authorizations [24E]  offences and penalties [24F]  emergency incidents  handling of illegal activities [24G]  will apply for 6 months for ECA contraventions  will apply without time restriction for NEMA contraventions  registration authorities [24H]  specialist reviewers [24I]

9. What is new? (cont)  Appeals [43]  prescribed fee  can appoint appeal panel  Parliamentary procedure for regulations streamlined [47]  Transitional provisions[50]  Applications under ECA to continue  Minister to ID activities that will remain until MECs publish own lists

10. Small corrections  Section 24(4) could be contained in regulations  Section 24(8): editorial amendment (“if”)  Section 24F(1): editorial amendment [delete “or (c)”]

11. Thank you