National Environmental Management Act Second Amendment Bill

1
National Environmental Management ActSecond
Amendment Bill

• PRESENTATION TO THE NCOP
• 23 SEPTEMBER 2003
• Wynand Fourie
• DEPARTMENT OF ENVIRONMENTAL AFFAIRS AND TOURISM

2
Overview

• Introduction
• Rationale
• What is new?
• Small corrections

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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

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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

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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

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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)

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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

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What is new? (cont)

• Appeals 43
• prescribed fee
• can appoint appeal panel
• Parliamentary procedure for regulations
  streamlined 47
• Transitional provisions50
• Applications under ECA to continue
• Minister to ID activities that will remain until
  MECs publish own lists

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Small corrections

• Section 24(4) could be contained in regulations
• Section 24(8) editorial amendment (if)
• Section 24F(1) editorial amendment delete or
  (c)

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Thank you