Presentation to the Portfolio Committee on Water and Environmental Affairs National Environmental Management Laws Amendment Bill

Background The purpose of the presentation is to brief the Portfolio Committee on amendments made to the National Environmental Management Laws Amendment Bill [B 26B─2013] and the reasons for the amendments.

Background The Bill amends the provisions under: the National Environmental Management Act, 1998 (Act No. 107 of 1998) (NEMA) the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008) (NEMWA) the National Environmental Management Amendment Act, 2008 (Act No. 62 of 2008)

Background The main purpose of these amendments is to further align the provisions of the environmental, water and mining legislation in order to give effect to the agreements reached between the Minister of Water and Environmental Affairs and the Minister of Mineral Resources

Background The Bill read together with the National Environmental Management Amendment Act, 2008 (Act No. 62 of 2008), the Mineral and Petroleum Resources Development Amendment Act, 2008 (Act No. 49 of 2008), the Mineral and Petroleum Resources Development Bill, 2013 gives effect to the 2008 agreement between the Ministers.

Background The Agreement entails: (a)that all environment related aspects would be regulated through one system which is National Environmental Management Act, 1998 and that all environmental provisions would be repealed from the Mineral and Petroleum Resources Development Act, 2002 (MPRDA)

Background (b)that the Minister sets the regulatory framework and norms and standards, and that the Minister responsible for Mineral Resources will implement the provisions of NEMA and the subordinate legislation as far as it relates to prospecting, exploration, mining or operations;

Background (c)that the Minister responsible for Mineral Resources will issue environmental authorisations in terms of NEMA for prospecting, exploration, mining or operations, and that the Minister will be the appeal authority for these authorisations;

Background (d)that the Minister, the Minister responsible for Mineral Resources and the Minster responsible for Water Affairs agree on fixed time-frames for the consideration and issuing of the authorisations, rights, permits or licences in terms of the legislation administered by them and also agreed to synchronise the time frames

Background e) that the Minister responsible for Mineral Resources and the Minster responsible for Water and Environmental Affairs agree on fixed time frames for the consideration and issuing of the authorisations, rights, permits or licences in terms of the legislation administered by them and also agreed to synchronise the time frames

Background Important to note that some of the legislation that gives effect to the 2008 agreement is already enacted. The National Environmental Management Amendment Act, 2008 was brought into effect on 1 May 2009.

Background The provisions as far as they relate to mining will, in terms of section 14 of the Act, only enter into force 18 month after the Mineral and Petroleum Resources Development Amendment Act, 2008 entered into force ( 7 June 2013) The two Acts will therefore be fully effective on 8 December 2014.

Impact of the amendments Mining Rights/Permits, Environmental Authorisations and Water Use licences will follow the same timeframes which have been identified in amendments currently being made to the Environmental Impact Assessment Regulations; All the Acts now provide for an internal appeal procedure and the appeal time-frames between the acts are aligned and run in parallel;

Impact of the amendments The appeal time-frames apply strict time frames to appellants submitting appeals and the authority considering appeals and limits condonation applications; The appeal process must be finalised prior to the mining right being made effective and construction commencing

Impact of the amendments A synchronised system for environmental authorization between the National Water Act, the MPRDA, NEMA, National Environmental Management: Air Quality Act, 2004, National Water Act, 1998 and NEMWA; Systems run in parallel and decisions are issued simultaneously; This arrangement provides a case study to investigate the coordination of other Acts to provide certainty to developers;

Impact of the amendments This arrangement supports the Infrastructure Bill in that the timeframes for decision making on environmental authorisations can be confirmed in the Bill and simultaneous submission of applications can be achieved; NEMA, in the latest Bill, now allows for the of minimum information requirements, which will provide proactive guidance to applicants on information requirements and will ensure consistency of information requests between competent authorities;

Impact of the amendments Within 300 days of submitted an application for a mining right a decision can be issued should that decision be appealed the period before decision making is 390 days; The new regulations will make provision of the automatic closure of projects where the applicant does not meet time frames

Amendments to the Bill The following amendments were made by the Portfolio Committee after the Bill was tabled: The long title was updated to reflect the content of the Bill The definition for “applicant” was simplified and clarified;

Amendments to the Bill The tabled Bill removed the management of residue stockpile and deposits from NEMA to the Waste Bill. On request of the mining industry and DMR the amendment has now been discarded

Amendments to the Bill The Minister of Environmental Affairs was given the authority to take decisions on the application for an environmental authorisation, if the Minister of Mineral Resources is unable to do so. This will however only happen in exceptional circumstances, after the process set out in the Bill has been followed; “Minimum information requirements” is inserted as an additional environmental management instrument, which will provide proactive guidance to applicants on information requirements and will ensure consistency of information requests between competent authorities

Amendments to the Bill The Minister of Mineral Resources has been given the authority to appoint Mineral Resource Inspectors, with the same powers as the Environmental Management Inspectors (EMIs), to be able to enforce the provisions of the National Environmental Management Act, However the Minister, in concurrence with the Minister responsible for mineral resources, may designate EMIs, should the mineral resource inspectors be unable to fulfil the function

Amendments to the Bill ” The Director-General of the department responsible for Mineral resources has been given powers to issue directives and to generally implement section 28 in relation to environmental matters in so far as it relates to prospecting, exploration, mining and production activities

Amendments to the Bill The Minister responsible for mineral resources has been given the authority as the competent authority to issue waste management licences in so far as it relates to prospecting, exploration, mining or production activities.

Amendments to the Bill The definition for “community” was amended to the wording prior to the 2008 amendment on request of DMR. The scope of the powers of the Minister of Mineral Resources as competent authority has now been linked to activities. The definitions for “exploration area”, “mining area”, “production area”, “prospecting area” have therefore been deleted.

Amendments to the Bill The amendment has also been affected in section 43 of the National Environmental Management: Waste Act. Regulations made in terms of NEMA affects the Agreement, must be made in concurrence with the Minister responsible for Mineral Resources.

Amendments to the Bill The amendment to section 24C(3) to enable the Minister of Mineral Resources to enter into agreements with the MECs has now been omitted from the Bill on request of DMR as DMR indicated that that Minister does not require such an authority. The wording in section 24L has been simplified and corrected. The link to listed and specified activities has been removed. The ability of the applicant to make the prescribed financial provision has been added as one of the criteria for the consideration of an environmental authorisation.

Amendments to the Bill The Committee has previously requested that State departments must submit their comments by registered mail. DMR requested that this amendment be removed because this is not the manner in which State departments communicate. Also the National Environmental Management Second Amendment Act, 2013 makes provision for the delivery of documents by and fax. On request of DMR the provisions in section 24N has been made generally applicable to all activities and not just mining activities.

Amendments to the Bill The Bill now contains a general definition for “financial provision” and one that specifically applies to section 24P. The financial provision in general has been strengthened. An appeal lodged against the decision by the Minister responsible for Mineral Resources suspends the decision.

Amendments to the Bill Section 47C of the principal Act now makes provision for the extension of time frames, while condonation will only be allowed in section 47CC in relation to appeals and strict criteria will apply.

Amendments to the Bill A provision was inserted that all future amendments to the legislation that affects the Agreements is subject to concurrence between the Minister and the Minister responsible for Mineral Resources prior to tabling the Bill in Parliament.

Amendments to the Bill The National Environmental Management: Waste Act has been aligned with the National Environmental Management Second Amendment Act, 2013 to include the provision relating to “Prohibited or restricted activities in specified geographic areas

Amendments to the Bill The Minister has been given the authority to delegate his or her functions under NEMWA. The transitional provisions have been improved.

Thank You!