National Environmental Management Act Second Amendment Bill Wynand Fourie DEPARTMENT OF ENVIRONMENTAL AFFAIRS AND TOURISM

Overview Why the Bill Key issues What if Bill is not passed?

Why the Bill? NEMA was introduced in 1998 Framework for environmental management ECA 1989 provided for environmental protection 1997 regs in terms of ECA 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

Key issues Streamline EIA process Registration of environmental assessment practitioners Appeals Provides for appeal panel Focus on listed activities No EIAs for unlisted activities as this is impractical EIAs for existing activities in exceptional cases

Key issues (continued) Socio-economic & cultural heritage Included in definition of environment already Cost recovery Distinction between admin fee and review fee Delegation to municipalities Not provided for as not in accordance with Constitution Transitional arrangements

Costing Bill provides for existing functions to continue New functions Maintenance of register of applications Registration of practitioners Provision for cost recovery = potential revenue

What if Bill is not passed? No new regulations, subsequently no provision for new IEM tools cost recovery security minimum report content No ID of activities within sensitive No ex post facto approvals No management of practitioners No provision for emergencies No offences or penalties