Presentation on theme: "JOINT PRESENTATION ON MINE ENVIRONMENTAL MANAGEMENT 10 SEPTEMBER 2013 NEMA / MPRDA AND NWA AMENDMENTS 1."— Presentation transcript:
JOINT PRESENTATION ON MINE ENVIRONMENTAL MANAGEMENT 10 SEPTEMBER 2013 NEMA / MPRDA AND NWA AMENDMENTS 1
OUTLINE List of Acronyms Purpose of the presentation Problem statement Introduction and Background Agreements Earlier amendments 2011 Agreement Status Quo/ Differences Inter-Departmental Project Implementation Committee (IPIC) MPRDA Bill 2013 NEMA Bill 2013 2
OUTLINE...2 3 Water Legislation Sub-ordinate legislation Joint initiatives by the three Departments Capacity Implications for Implementation Implementation date Additional Amendments required in terms of NEMA
Outline 3 4 Additional Amendments required in terms of NEM:WA Additional Amendments required in terms of MPRDA Concluding Remarks
LIST OF ACRONYMS DEAT – Department of Environmental Affairs and Tourism DEA – Department of Environmental Affairs DME – Department of Minerals and Energy DMR – Department of Mineral Resources EA – Environmental Authorisation E&T – Environmental Affairs and Tourism EIA – Environmental Impact Assessment M&E – Minerals and Energy MPRDA – Minerals and Petroleum Resources Development Act 5
LIST OF ACRONYMS...2 6 NEMA – National Environmental Management Act SEMA – Specific Environmental Management Act GN – Government Notice GG – Government Gazette
PURPOSE OF THE PRESENTATION 7 To inform the Portfolio Committee's on Water and Environmental Affairs and on Mineral Resources on: the history that informed the National Environmental Management Laws Amendment Bill, 2013 and the Mineral and Petroleum Resources Development Amendment Bill, 2013, and the content of the Bills as far as it relates to environmental matters and the progress made on subordinate legislation to date. Report on the work of the three Departments, in line with the agreement on aligning the licensing systems for mine environmental management. The combined approached in line with the work of the Interdepartmental Project Implementation Committee.
PROBLEM STATEMENT 8 Environmental aspects of exploration, prospecting, mining and production activities (mining activities) are currently regulated in terms of the MPRDA. Mining activities currently require a mining permit, including an EMPR (DMR) a water use licence (DWA), and, for listed activities occurring in a mining area, an environmental authorisation and/or waste management licence, and/or air emission licence (DEA). Licences may also be required in terms of the ICM Act. These laws have their own process and information requirements and there is currently a lack of integration.
INTRODUCTION AND BACKGROUND During the 2002 – 2008 process of amending the Mineral and Petroleum Resources Development Act, an agreement was reached between the Ministers of DEA & DMR, which intended to: Adopt an integrated mine environmental management system. Align the MPRDA with NEMA. The agreement included the: Repeal of all the mine environmental management provisions, through the MPRD Amendment Act; Transfer of MPRDA environmental provisions to NEMA to create a unified law and system covering environmental impact management; Provision in NEMA for an 18 month window period for the implementation of the environmental provisions relating to mining, prospecting, exploration & production. 9
INTRODUCTION AND BACKGROUND In principle, the 2008 agreement is as follow: One system – prescribed by NEMA Minister of M&E retain mandate as designated competent authority to implement environmental system related to mining and mining areas; Minister of EA&T instated as appeal authority in mining related environmental authorisations – to enable the Minister responsible for the environment to exercise the function of custodian of the environment; Transition from the MPRDA managed system to NEMA 18 months from the date where both the NEMA and MPRDA Amendment Bills are in force. 10
INTRODUCTION AND BACKGROUND...2 During March & April 2008, the agreement was considered and elaborated in various political fora before being submitted to a joint meeting of the then EA &T and M&E portfolio committees. The agreement was adopted by the joint portfolio committees meeting with the following addition: -After 18 months of implementation, the environmental management function related to mining will, in its entirety, be transferred to the environmental authority. 11
INTRODUCTION AND BACKGROUND...3 In order to give effect to the agreement, the following legislative and regulatory changes were required: In terms of “one system” The MPRDA was amended by: Repealing all provisions related to environmental management; Making granting of prospecting / mining / reconnaissance applications subject to environmental authorisations (one of the granting conditions); The NEMA was amended by: Inclusion of environmental management provisions of the MPRDA currently not adequately covered by NEMA (e.g. financial provisions for rehabilitation; closure; etc.); Allowing for alignment of processes; Legislate timeframes for the review of environmental authorisations; Result – environmental management regulated by NEMA only. 12
INTRODUCTION AND BACKGROUND...4 In terms of competent authority - NEMA was amended by: Assigning competence to the Minister of Minerals and Energy for the implementation of the environmental management system (not to formulate environmental policy, regulations, guidelines and norms & standards). Environmental management regulated by NEMA only but, for mining, implemented by DME. In terms of appeal authority - NEMA was amended by: Assigning the Minister of Environmental Affairs and Tourism as the appeal authority for all environmental authorisations that were issued for mining related activities by the Minister of Minerals and Energy. In terms of transition NEMA and MPRDA were amended to provide for transitional arrangements of an 18 month period. Within NEMA, included a provision to transfer the Minister of M&E’s environmental authorisation competence to the Minister of EA&T within 3 years. 13
INTRODUCTION AND BACKGROUND...5 In terms of the EIA Regulations: Inclusion of content requirements for Environmental Management Programmes and Plans; community consultation; etc (previously in MPRDA); Listing of Mining (exploration, prospecting; mining, and associated activities in Mining areas) Included in Basic Assessment and Scoping and Environmental Impact Report lists to 2010 EIA Regulations Assigning Competent Authority as per NEMA provisions (section 24C) Prescribe an Appeal process 14
LEGISLATION FLOWING FROM THE 2008 AGREEMENT Legislative and Regulatory amendments to give effect to agreement were included in the: National Environmental Management Amendment Act, 2008 (Act No. 62 of 2008) (came into effect on 1 May 2009) Mineral and Petroleum Resources Development Amendment Act, (came into effect on7 June 2013) Environmental Impact Assessment Regulations, 2010 (GN R543, GG 33306, came into effect on 18 June 2010) (Entered into force on 2 August 2010) The activities lists in terms of section 24(2) of NEMA (GN R544, R 545, R546 – GG33306 of 18 June 2010. (Entered into force on 2 August 2010) 15
2011 AGREEMENT Ministers met again during 2011 to further discuss mining related matters and alignment of legislative requirements. A workshop on the amendment of the legislation was held between the Departments of DEA, Water Affairs and Mineral Resources on 26 July 2011. Resulted in an options report to the Ministers. The Ministers preferred option 2: The 2008 agreement without the final transfer of the function to Environmental Affairs Added: Different authorisation processes resulting from the agreement must be preferably integrated, if not possible, aligned Added: a last addition was to pay specific attention to mining in ecologically sensitive areas 16
INTER-DEPARTMENTAL PROJECT IMPLEMENTATION COMMITTEE (IPIC) 17 LEGISLATION PROPOSED OPTIONS OPTION 1 Move environmental function to DEA. - Posed Constitutional challenges in that it wanted to devolve powers on regulating environmental matters to provinces as they pertain to the mining sector. - Legislative amendments needed to be done on NEMA, NWA and MPRDA. - Disintegrated licensing system. RECOMMENDED OPTION OPTION 2 Keep the function at DMR - This will create and integrated and streamlined licensing system. - Legislative amendments required in the MPRDA, NWA and NEMA. -Timeframe alignment with Department of Water Affairs (DWA) on Water Use Licenses (WULs). OPTION 3 Leave functions where they are in the three Departments -Legislative amendments are required in NEMA, MPRDA and the NWA. - It will not give effect to a streamlined licensing system.
STATUS QUO / DIFFERENCES The current agreement between the three Departments as reflected in the two Amendment Bills currently before Parliament differs from the 2008 agreement in the following respects: The mining related environmental function will not be transferred to the Minister of DEA but implemented by the Minister of DMR in terms of the NEMA, but The Minister of Environmental Affairs will remain the appeal authority for environmental mining activities; The alignment of regulatory processes was added to the scope of the agreement; and Provides for Mining restriction in ecologically sensitive areas 18
STATUS QUO / DIFFERENCES...2 Mining will be subjected to an Environmental Authorisation process (EIA in terms of NEMA) This will replace the Environmental Management Plan or Programme (EMP or EMPR) process undertaken as a pre-condition for the Mining Permit or Right in terms of the MPRDA and the NEMA process for ancillary listed activities, The NEMA process will be authorised by Minister of DMR (competent authority). The Minister of DMR may appoint Mineral Resource Inspectors, with all the powers of an environmental management inspector to enforce environmental laws as far as it relates to mining. The mining right and mining permit will follow the MPRDA authorisation process and are issued by Minister DMR. The Environmental Authorisation and WUL processes would be triggered by the application for the mining right. Therefore, processes will run in parallel to align and streamline the issuing of various decisions. 19
INTER-DEPARTMENTAL PROJECT IMPLEMENTATION COMMITTEE (IPIC) 20 The IPIC in March 2012 has been tasked to elaborate the technical detail of this agreement. To date the IPIC had 7 meetings. The IPIC comprises reps from DMR, DEA (and provinces) and DWA; Task teams have been established; Appeals and Legislative Amendments TT, Co-ordinated Timeframes TT, Capacity TT, Enforcement TT, Joint Planning TT, and Communication TT
21 Appeals and Legislative Amendments TT –streamline Acts, regulations and appeals processes; Enforcement TT – enforceability of legislation to ensure greater compliance; Co-ordinated Timeframes TT – time frames and processes between the respective laws; Capacity TT - capacity to ensure effective implementation; Communication TT – developed a comprehensive communication strategy for the project; Joint Planning TT – sharing and co-ordination of spatial information relating to mining, protected areas, world heritage sites and other areas of possible overlaps. INTER-DEPARTMENTAL PROJECT IMPLEMENTATION COMMITTEE (IPIC)...2
MPRDA BILL 2013 In 2010, the “Strategy for Sustainable Growth and Meaningful Transformation of South Africa’s Mining Industry” was adopted; The Strategy identified amongst others fragmented licensing mechanisms as one of the key binding constraints to the global competitiveness of the industry; Consequently, Minister of Mineral Resources and Minister Water and Environmental Affairs agreed on modalities to streamline licensing requirements for mining. This alignment process has been given effect to in the MPRDA Amendment and NEMA Amendment Bills which are currently before Parliament. 22
NEMA BILL 2013 The main aim of NEMLA Bill is to ensure further alignment between the MPRDA, NEMA, NEMWA, the NEMA Amendment Act, 2008, the MPRDA Amendment Act, 2008 and also to reflect the further agreements reached between the Departments. When considering the amendments, these pieces of legislation must be read together. The NEMLA Bill is summarised as follows: Minister of DMR is the competent authority to issue environmental authorisations on prospecting, mining, exploration or production activity (confined to the area for which the right has been applied for); State Departments will have to provide comments within 30 days on applications for environmental authorisations as opposed to 40 days currently stated in NEMA; 23
NEMA BILL 2013...2 The Minister of DMR is empowered to appoint Environmental Mineral Resources Inspectors for the compliance monitoring and enforcement of NEMA and NEMWA in relation to mining activities; The amendments to the National Environmental Management: Waste Act, 2008 (Act. No. 59 of 2008) regulate the management and control of residue deposits and residue stock piles from an environmental perspective, to be implemented by the Minister of Mineral Resources. The amendment to NEMAA provide for a transitional arrangement process on pending environmental related appeals lodged under the MPRDA to be finalised under that Act, and for appeals lodged after the commencement of the NEMLA Bill to be processed in terms of NEMA, as amended. The repeal of section 13 and Schedule to NEMAA to clarify that the environmental management function in mining areas do not transfer the environmental function as far it relates to mining activities to the Department of Environmental Affairs after 36 months. 24
WATER LEGISLATION No amendments are required to the National Water Act with respect to the licensing process. There is a policy process currently under way at DWA. Regulations have been drafted to allow the alignment of permitting systems. The amendments in this regard, do not include timeframes or processes relating to appeals. The NWA will require amendments to address amendments to the appeal process. 25
SUB-ORDINATE LEGISLATION / REGULATIONS Existing environmental impact assessment regulations and listing notices require amendments to The time frames as agreed to between the three Departments. To indicate the Minister of DMR as the competent authority Listed activities for mining Appeal procedures and timeframes The DEA has drafted the amendments. The amendments will be ready for public consultation within the next four months. The regulations need to be in force by 8 December 2014. 26
Proposed Process: S&EIR Process ito NEMA & ICM Act Draft Scoping Report 7 days : Acknowledge & accept or reject 30 days public participation 10 days for EAP to incorporate PP comments 47 days 7 days: Acknowledge 35 days accept or reject 42 days 30 days Public Participation 250 DAYS (Non- substantive) Application Scoping Report 60 days Draft EIR & Draft EMPr 14 days to finalise 30 days EIR and EMPr 300 DAYS (Substantive) Pre-application (Optional) No substantive changes to Draft Substantive changes to Draft 7 days Acknowledge 50 days PP if substantially Different form Draft 30 days Accept or Reject Review Committee 60 days 14 days 193 days + NEMA EA DECISION (20 Days after acceptance of EIR & EMPR) NEMA EA DECISION (20 Days after acceptance of EIR & EMPR) MPRDA Application Accepted 20 days 57 days if Non substantive 107 days if substantive AEL PROCESS AEL DECISION DMR Continues to process MPRDA application BEE Proposal Mine Health and Safety DMR Continues to process MPRDA application BEE Proposal Mine Health and Safety DMR Finalises recommend ation for MWP BEE MH&S DMR Finalises recommend ation for MWP BEE MH&S GENERAL AUTHORISATION OR NEMAQA PROCESS ENVIRONMENTAL AUTHORISATION APPEAL FINALISED (60 – 90 days) MPRDA DECISION EA, WASTE, AEL and WUL decisions prerequisite for MPRDA decision APPEAL ON EA DECISION PREREQUISITE FOR MPRDA DECISION WASTE PROCESS GENERAL AUTHORISATION OR NEMWA PROCESS WASTE DECISION DWA PROCESS GENERAL AUTHORISATION OR NWA PROCESS WUL DECISION
WASTE, AEL, DWA PROCESS Proposed Process: BAR Process ito NEMA & ICM Draft Basic Assessment 7 days : Acknowledge + 30 days public participation 30 days 147DAYS (Non- substantive) 197 Days (Substrantive) Applicatio n 60 days Final BAR, including Final EMPr Pre-application (Optional) No substantive changes to Draft Substantive changes to Draft 7 days Acknowledge 50 PP if substantially different from Draft 30 days Accept or Reject 57 days if Non substantive 107 days if substantive Review Committee MPRDA Application Accepted Draft EMPr 60 days 90 DAYS ENVIRONMENTAL AUTHORISATION APPEAL FINALISED (60 -90 days) Waste, AEL, WUL DECISION MPRDA DECISION ++ DMR Continues to process MPRDA application BEE Proposal Mine Health and Safety DMR Continues to process MPRDA application BEE Proposal Mine Health and Safety DMR Finalises recommend ation for MWP BEE MH&S DMR Finalises recommend ation for MWP BEE MH&S GENERAL AUTHORISATION OR NWA PROCESS NEMA EA DECISION (20 Days after acceptance of BAR) NEMA EA DECISION (20 Days after acceptance of BAR) 20 days EA, Waste, AEL and WUL decision prerequisite for MPRDA decision Appeal on EA decision prerequisite for MPRDA decision
29 Participation in the Interdepartmental Project Implementation Committee (IPIC) on integrating the licensing systems Joint inspections for compliance monitoring on NWA, MPRDA and NEMA Development of the Mining and Biodiversity Guidelines Consideration of mining and sensitive areas such as World Heritage Sites Implementation of the Inter-Ministerial Committee (IMC) Report on Acid Mine Drainage (AMD) Development of relevant regulations for effective implementation of integrated licensing system Investigation of Consequences and Implications for the alignment of the licensing and regulatory systems and legislative amendments
IMPLEMENTATION DATE The Mineral Petroleum Resources Development Amendment Act, 2008 entered into force on 7 June 2013 and therefore the period of the first 18 month alluded to above already commenced. The two Departments should therefore be ready to implement the legislation by 8 December 2014, which make the NEMLA amendment urgent as it is a section 76 Bill, while the MPRDA amendment Bill is a section 75 Bill. To ensure that the authorisation processes associated with mining are aligned, all four acts (NWA, NEMA/ NEMWA and MPRDA) need to be amended and aligned. The Department of Water Affairs drafted regulations to align the time frames for water use licences in line with the current agreement. The appeals process is different from those of the other two Departments and amendments to the National Water Act, 1998 is required to change the process. 31
Additional legislative amendment s required in terms of the NEMA 32 SectionIssueProposed text 1Review definition of “applicant” – remove (b) because it is superfluous and not correct “applicant” means a person who has submitted [-] or who intends to submit an application for an environmental authorisation; [(a) or who intends to submit an application for an environmental authorisation; or (b) an application for an environmental authorisation simultaneously with his or her application for any right or permit in terms of the Mineral and Petroleum Resources Development Act, 2002;] 1Environmental authorisations - delete latter part “and include a similar authorisation contemplated in a specific environmental management Act. Section 1 of the Principal Act is hereby amended by the substitution for the definition of “environmental authorisation” of the following definition: “environmental authorisation”, when used in Chapter 5, means the authorisation by a competent authority of a listed activity or specified activity in terms of this Act [, and includes a similar authorisation contemplated in a specific environmental management Act] ;
Additional legislative amendment s required in terms of the NEMA 33 SectionIssueProposed text 1Check definition of “community”. Include “community” interested and affected party definition. Should definition of “community” be amended. “community”─ (a) means any group of persons or a part of such a group who share common interests, and who regard themselves as a community; and (b) in relation environmental matters pertaining to prospecting, mining, exploration, production or related activity on a prospecting, mining, exploration or production area, means an interested and affected party and a group of historically disadvantaged persons with interest or rights in a particular area of land on which the members have or exercise communal rights in terms of an agreement, custom or law: Provided that where as a consequence of the provisions of this Act, negotiations or consultations with the community is required, the community shall include members or part of the community directly affected by prospecting, mining, exploration or production on land occupied by such members or part of the community;
Additional legislative amendment s required in terms of the NEMA 34 SectionIssueProposed text 1Regional Mining Development and Environmental Committee. Remove reference to Regional Mining Development and Environmental Committee which is still used in sections 24N and 24O of the Act as it will not play any role in terms of decisions. 24O(2)Replace Department with EAP or insert EAP. “(2) The Minister, the Minister of Minerals and Energy, an MEC [or] identified competent authority or an environmental assessment practitioner must consult with every State department that administers a law relating to a matter affecting the environment when he or she considers an application for an environmental authorisation.”
Additional legislative amendment s required in terms of the NEMA 35 SectionIssueProposed text 43(1A)Any person may appeal to the Minister of Environmental Affairs against decision taken by the Minister of Mineral Resources. “(1A) Any person may appeal to the Minister against a decision taken by the Minister of [Minerals and Energy] Mineral Resources or any person acting under a power delegated by the Minister of Mineral Resources in respect of an environmental management programme or environmental authorisation.”. Review of the Environmental management plan issued in terms of the MPRDA, before 8 December 2013 must be done in terms of NEMA. Section 12 of the National Environmental Management Amendment Act, 2008 is hereby amended by the addition of the following subsections: “(8) An environmental management programme or environmental management plan approved in terms of section 39 of the Mineral and Petroleum Resources Development Act, 2002 must be reviewed in terms of the National Environmental Management Act, 1998.”.
Additional legislative amendment s required in terms of the NEMA 36 SectionIssueProposed text 43Allow for categorising of appeals To be drafted 43Allow for extension of regulated appeal time frames on agreement between Ministers To be drafted 43Condonation clause: Limit Scope and time frames To be drafted
Additional legislative amendment s required in terms of the NEMA 37 SectionIssueProposed text 28(4), (5), (7), (8), (9) and (12) The Director-General of the Department of Mineral Resources should be given powers to issue a directive in terms of section 28(4). Clause 12 of NEML Second Amendment Bill: Insert the words “Director General of the Department of Mineral Resources” in section 28(4), (5), (7), (8), (9), (12) of NEMA. A contravention of a criteria or condition included an instrument adopted in terms of the new s24(5)( b B) included in the National Environmental Laws Second Amendment Bill must be included in offence provisions. Clause 25 of NEML Second Amendment Bill: “(e) fails to comply with a criteria or condition specified by the Minister or MEC in any regulation made under section 24(5)( b B);”
Additional legislative amendment s required in terms of the NEMWA 38 SectionIssueProposed text 79ADelegation by Minister of Mineral Resources 79A. Delegation by Minister of Mineral Resources (1) The Minister responsible for mineral resources may delegate a function entrusted to him or her in terms of this Act to- (a) the Director-General of the Department of Mineral Resources; or (b) any official or to the holder of a specific post in the Department of Mineral Resources. (2) A delegation in terms of subsection (1)- (a) must be in writing; (b) may be made subject to any condition; (c) does not prevent the performance of the function by the Minister of Mineral Resources himself or herself; and (d) may be withdrawn by the Minister of Mineral Resources.”.
Additional legislative amendments - NEMWA 39 SectionIssueProposed text Absence of provision similar to NEML Second Amendment Bill to prohibit the undertaking of activities in specified geographical areas. A provision similar to the newly inserted s24(2A) (clause 5(c)) in the National Environmental Management Laws Second Amendment Bill [B 13─2013] should be considered. 43Amendment to section 43 – Align with 24C amendment. Include activities and the residue stockpiles in the listing notices. Waste information system applies to stock piles. Clause 10 of the National Environmental Management Laws Amendment Bill [B 26─2013] amends section 43 to insert subsection (1A) to ensure that the Minister of Mineral Resources continues as licensing authority for those waste management activities involving residue deposits and residue stock piles. The wording proposed for the competent authority in the NEMLA (Mining) and the NEMWA should be the same. Waste information regulations are applicable to those waste management activities listed in Annexure 1 to the regulations. Mostly is the generators hazardous waste. We may need to give the Minister of Mineral Resources the power/ obligation similar to that of the MEC in s62 of the Act.
Additional legislative amendments - NEMAQA 40 SectionIssueProposed text 40 (3)Alignment of issuing of an Air Emission License with the time frames of the Environmental Authorisation issued by the Minister of Mineral Resources in a mining area Where the Minister responsible for Mineral Resources is the competent authority in terms of section 24C of NEMA and an provisional Air Emission License is required in terms of this Act the Licensing Authority must decide the application within the timeframes prescribed in terms of Chapter 5 of NEMA Where the Licensing Authority fails to comply with the prescribed timeframes in terms of Chapter 5 of NEMA the MEC or Minister may intervene
Additional legislative amendment s required in terms of the MPRDA 41 SectionIssueProposed text 11 Transfer of MPRDA permit or right may also require amended EA in terms of NEMA. The written consent of the DMR Minister will be for amending the right in terms of MPRDA and the amended EA will be in terms of NEMA. No wording change required if there is an understanding that an amendment to a right in terms of MPRDA will also require as a prerequisite the obtaining of an amended environmental authorisation. 16(4)Reference to submission of environmental reports required in terms of Chapter 5 of NEMA within 60 days: prospecting right will require basic assessment in terms of NEMA. No reports are submitted on day 60 in terms of NEMA. The application, draft BAR and draft EMPr are submitted with the application (day 1), and the final BAR and EMPr is submitted on day 90. What should be submitted to DMR on day 60 as required by this section? (a)to apply for an environmental authorisation and any other authorisation required in terms of a Specific Environmental Management Act and submit relevant environmental reports in terms of Chapter 5 of the National Environmental Management Act, 1998, within the prescribed period.”.
Additional legislative amendment s required in terms of the MPRDA 42 SectionIssue/CommentProposed text 17(1) 23(2)(d) 27(6)(b) 75(1)(c) Should read “and an EA has been issued”. The EA being issued must be a pre-requisite before a MPRDA right can be issued – as agreed to by the respective Ministers on 20 August 2013. “and an environmental authorisation has been issued; and where the environmental authorisation has been appealed, a decision on the appeal has been issued by the Minister of Environmental Affairs”. 17(1)(g) 23(2)(i) 27(6)(f) 80(1)(g) How will the ability to comply with this requirement be checked or verified by DMR? “the applicant has obtained permission as required in terms of the National Water Act, 1998 (Act No. 36 of 1998).”. 32(3)This section refers to environmental authorisation conditions remaining in place. Is it appropriate to have this in MPRDA as environmental matters should be dealt with in NEMA. Add the words “in terms of Chapter 5 of the National Environmental Management Act, 1998” after the words “environmental authorisation issued”.
Additional legislative amendment as required in terms of the MPRDA 43 SectionIssue/CommentProposed text 43(13)Closure will require environmental authorisation in terms of NEMA. MPDRA must refer to such EA being required. 43 (4) An application for a closure certificate must be made to the Regional Manager in whose region the land in question is situated … and such Regional Manager must notify the applicant in writing to apply for an environmental authorisation in terms of the National Environmental Management Act, 1998, and submit the relevant environmental reports within the prescribed period.”. 43 (13) Insert (d): “No closure certificate may be issued unless an environmental authorisation has been issued in terms of the National Environmental Management Act, 1998.”.
Additional legislative amendment as required in terms of the MPRDA 44 SectionIssue/CommentProposed text 56 Why has expiry been deleted? What will happen with the MPRDA right etc. in the instance where the EA which is a prerequisite for MPRDA permits/rights etc. is suspended/withdrawn? Insert (a): (a)“the environmental authorisation issued in terms of the National Environmental Management Act, 1998, lapses, is withdrawn or is suspended;” 74(4)(a)This refers to reports required in terms of chapter 5 of NEMA but doesn’t indicate that an EA is required for reconnaissance – this will be listed in terms of NEMA. EA must be pre- requisite. The provisions should indicate that NEMA EA application should be lodged after the reconnaissance permit application is accepted by DMR (similar as in other sections). Replace 74(4)(a) with the following: “(a) to apply for an environmental authorisation and submit relevant environmental reports in terms of Chapter 5 of the National Environmental Management Act, 1998, within the prescribed period.”.
Additional legislative amendment as required in terms of the MPRDA 45 SectionIssue/CommentProposed text 79(4)(b) Exploration will require S&EIR in terms of NEMA. Submission of environmental reports in terms of NEMA are submitted on application (application for and draft scoping report) followed by submission of draft EIR and EMPr on day 149 Reference to 120 days not clear what should be submitted to DMR on day 120 to apply for an environmental authorisation and submit relevant environmental reports in terms of Chapter 5 of the National Environmental Management Act, 1998, within the prescribed period.”. 83(4)(b) Production right requires S&EIR in terms of NEMA – submission of reports on day 1 and day 149. What should be submitted on day 180? to apply for an environmental authorisation and submit relevant environmental reports in terms of Chapter 5 of the National Environmental Management Act, 1998, within the prescribed period.”.
Additional legislative amendment as required in terms of the MPRDA 46 SectionIssue/CommentProposed text 27(8)(a) 85(2) If a production right is subject to EA, renewal thereof will also be subject to EA requirement. 27(8) “A mining permit (a) is valid…and may be renewed for three periods each of which may not exceed one year on condition that amended environmental authorisation has been issued”. 85(2) “(e) Include an amended environmental authorisation.”. 96(1)(b)Section 96 starts off by saying that this refers to a decision in terms of this Act – meaning the MPRDA. No appeal on a decision issued in terms of the MPRDA will be dealt with in terms of NEMA. Subsection (1)(b) suggests that appeals on MPRDA decisions where the appeal relates to environmental matters will also be considered by the Minister of W&EA in terms of NEMA – which is not correct. Delete 96(1)(b)
Additional legislative amendment as required in terms of the MPRDA 47 SectionIssue/commentProposed text 102(1) The wording suggests that the initial environmental authorisation must be obtained in terms of NEMA but that consent of the DMR Minister is sufficient to obtain an amendment thereof. An amendment of an EA process is prescribed in terms of NEMA. The written consent will be over and above that. No wording change required if there is an understanding that an amendment to a right in terms of MPRDA will also require as a prerequisite the obtaining of an amended environmental authorisation.
Additional legislative amendment as required in terms of the MPRDA, NEMLA and NWA (if applicable) 48 SectionIssue/commentProposed text NEW Extraordinary clause making any future amendments to provisions and regulations of the above acts dealing with environmental management of mining subject to (a) agreement between the affected Ministers and (b) approval by Parliament To be drafted
ADVANTAGES 49 Processes of applications of respective authorisations will run parallel instead of sequential – with sequential decision making. Mining authorisation, water use licence and environmental authorisation will be issued within the allocation timeframes. Another major benefit will be the promotion of compliance through providing and better coordinating the licensing systems. Integrated environmental management promoted. Potential to restrict mining in agreed sensitive areas.
CONCLUDING REMARKS Legislative amendments have been effected to both the NEMA and the MPRDA. Work in the different Task Teams of the IPIC is continuing. The three Departments are putting together systems for effective implementation of the integrated permitting system NEMA, NWA and the MPRDA amendment processes are being finalised for implementation of Option 2 of the Matrix. Additional legislative amendments required in terms of DWA, DMR and DEA Acts. 50