1. NATIONAL ENVIRONMENTAL MANAGEMENT LAWS AMENDMENT BILL [B14 – 2017] PORTFOLIO COMMITTEE ON ENVIRONMENTAL AFFAIRS MEETING OF 30 JANUARY 2018

2. PURPOSE OF THE PRESENTATION
The purpose of the presentation is to provide the Portfolio Committee on Environmental Affairs with an overview of the National Environmental Management Laws Amendment Bill [B ] (NEMLA BILL).

3. PURPOSE OF NEMLA BILL
The main purpose of NEMLA Bill is to amend the following Acts:
National Environmental Management Act, 1998 (Act No. 107 of 1998) (NEMA);
National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003) (NEMPAA);
National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) (NEMBA);
National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004) (NEMAQA);
National Environmental Management: Integrated Coastal Management Act, (Act No. 24 of 2008) (NEMICM);
National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008) (NEMWA);
National Environmental Management Amendment Act, 2008 (Act No. 62 of 2008) (NEMAA);  

4. PURPOSE OF NEMLA BILL
In order to provide for clarity on certain matters and textual amendments by strengthening-
the NEMA Principles;
the integrated environmental management;
the one environmental system;
the compliance and enforcement measures;
biodiversity and conservation measures;
air quality management;
waste management; and
integrated coastal management.

5. NEMA PRINCIPLES
A new environmental management principle has been added to promote diversity in the environmental management sector.

6. INTEGRATED ENVIRONMENTAL MANAGEMENT
To compel the simultaneous submission of an application for an environmental authorisation and other applications for any licences/ permits required under any of the specific environmental management Acts (SEMA’s) for the same development;
This approach will ensure the full utilisation of one process for information gathering to inform all decision- making related to the proposed development and to allow for the issue of integrated licences and authorisations.

7. ONE ENVIRONMENTAL SYSTEM
To provide a trigger for the simultaneous submission of all environmental applications under environmental legislation after acceptance of a mining right, if such applications are directly linked to the mining activity;
To clarify that an applicant and holder of environmental authorisation relating to mining activity must set aside financial resources for progressive rehabilitation, mitigation, remediation, mine closure and management of post-closure environmental impacts;
To clarify that the Minister of Mineral Resources is responsible for implementation of the licensing system and exemption provisions in so far as a waste activity is directly linked to a mining activity;

8. ONE ENVIRONMENTAL SYSTEM
To clarify that an environmental management programme (EMPR) or plan approved under the Mineral and Petroleum Resources Development Act, 2002 (MPRDA) on, before or after 08 December 2014 is deemed to have been approved and an environmental authorisation issued under NEMA (for an application lodged before 8 December 2014);
To clarify that all pending environmental appeals lodged under the MPRDA before 08 December 2014 must be finalised in terms of the MPRDA;
To provide for clarity on the continuation of environmental regulations developed under the MPRDA until such time that similar regulations are developed under NEMA.
To provide that residue deposits and residue stockpiles will be managed under NEMA (and no longer under NEMWA)

9. COMPLIANCE AND ENFORCEMENT
To allow a successor-in-title or person in control of land to lodge a section 24G application for a structure or development;
To strengthen the powers of environmental authorities regarding the scope of persons to whom a section 28(4) directive may be issued;
To strengthen the powers of environmental authorities to recover anticipatory costs to be incurred by the State responding to an environmental harm from the responsible person;
To provide legal clarity pertaining to certain powers of the environmental management inspectors and environmental mineral resources inspectors;
To ensure that an environmental management inspector and environmental mineral resources inspector receive the same standard of approved training.

10. BIODIVERSITY AND CONSERVATION
To provide clarity on the actions, measures or methods to be undertaken to control or eradicate listed invasive species, fire and wetlands management;
To provide clarity that Chief Financial Officers must be ex-officio members of the Boards of the South African National Biodiversity Institute (SANBI) and the South Africa National Parks (SANPARKS), respectively.

11. AIR QUALITY MANAGEMENT
To provide clarity that the Minister has a discretion to establish the National Air Quality Advisory Committee;
To clarify the two scenarios where a person may apply under section 22A of the NEMAQA;
To provide clarity that the Minister may issue an integrated environmental authorisation where the Minister is identified as the licensing and competent authority regarding a listed activity that requires an environmental authorisation, atmospheric emission licence and a waste management licence;
To provide for a Province to be the licensing authority where a listed activity falls within boundaries of more than one metropolitan municipality or more than one district municipality;
To ensure that an air quality appeal follows the appeal process implemented in terms of section 43 of the NEMA.

12. WASTE MANAGEMENT
The amendments to the definition of “waste” and Schedule 3 to the NEMWA will provide clarity on what is waste and when waste ceases to be waste;
To provide clarity that the Waste Management Bureau is established as a public entity responsible for, amongst others, the implementation of industry waste management plans, and to provide for governance matters;
To ensure that a site assessment report and remediation plan regarding contaminated land are submitted simultaneously to the Minister for approval;
To provide for a legal mechanism to deal with exceptional instances where an MEC fails to take a decision to issue a waste management licence within the prescribed timeframes, an applicant may request the Minister to take the decision;
To provide for the payment of a processing fee for the variation of a waste management licence.

13. INTEGRATED COASTAL MANAGEMENT
To correct a legal anomaly where one sphere of government reviews a decision on appeal of another sphere – (section 74 amended).
To expressly provide for retrospective application of removal notices for illegal structures, where it is currently only implied, thereby bringing it in line with section 28 of NEMA – (section 60 amended).