1. NATIONAL ENVIRONMENTAL MANAGEMENT LAWS AMENDMENT BILL [B14 – 2017]

2. BACKGROUND
The Department is administering the National Environmental Management Act, 1998 (NEMA) and various specific environmental management Acts (SEMAs).
Various legal opinions on certain provisions of the NEMA and specific environmental management Acts lead to inconsistent application and implementation of these legislations and possible illegal activities.
In summary, these inconsistencies are:
- protracted licensing and / or permitting process;
- increasing non-compliance with environmental legislation;
- governance matters relating to National Biodiversity Institute (SANBI), South Africa National Parks (SANParks) and the Waste Management Bureau.

3. BACKGROUND The NEMLA Bill intends 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); and
National Environmental Management Amendment Act, 2008 (Act No. 62 of 2008) (NEMAA).

4. BACKGROUND In order to provide clarity by strengthening-
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. INTEGRATED ENVIRONMENTAL MANAGEMENT
The proposed amendments are intended to compel the simultaneous submission of an application for an environmental authorisation and other applications for any licences and/or permits required under any of the SEMAs 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.
In addition, the amendments will provide for the streamlining and strengthening of licensing processes and requirements towards the efficient implementation of integrated environmental management.

6. ONE ENVIRONMENTAL SYSTEM
The proposed amendments are intended to-
- 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;
- 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;
- 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;

7. ONE ENVIRONMENTAL SYSTEM
- clarify that an environmental management programme or plan approved for mining activities 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);
- clarify that all pending environmental appeals lodged under the MPRDA before 08 December 2014 must be finalised in terms of the MPRDA;
- provide for clarity on the continuation of environmental regulations developed under the MPRDA until such time that similar regulations are developed under NEMA;

8. ONE ENVIRONMENTAL SYSTEM
- provide that residue deposits and residue stockpiles will be managed under NEMA (and no longer under NEMWA).
This approach will ensure the full utilisation of one process for information gathering to inform integrated decision-making and to allow for the issuing of integrated licences and authorisations related to the implementation of the one environmental system.
In addition, the amendments will provide for the streamlining and strengthening of licensing processes and requirements towards the efficient implementation of the one environmental system.

9. COMPLIANCE AND ENFORCEMENT
The proposed amendments are intended to-
- allow a successor-in-title or person in control of land to lodge a section 24G application for a structure or development, in order to close an existing legal loophole;
- strengthen the powers of environmental authorities regarding the scope of persons to whom a section 28(4) directive may be issued, in order to align with the categories of persons who have the duty of care in terms of section 28(1), namely, owner of land or premises, person in control of land or premises and person who has the right to use the land or premises;
- empower local authorities (municipalities) to issue section 28 directives in order to allow for increasing participation of local authorities in compliance and enforcement as well as to create consistency in use of administrative enforcement mechanisms;

10. COMPLIANCE AND ENFORCEMENT
The proposed amendments are intended to-
- aimed at clarifying that the issuing of a section 28(4) directive must provide the recipient with an opportunity to make prior representations through pre-directive process, unless there is an urgent need for the protection of the environment;
- 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. This approach will provide for joint and several liability of those responsible persons, and such persons with an opportunity to make representations why they should not be held liable for the entire cost of the remedial measures;

11. COMPLIANCE AND ENFORCEMENT
The proposed amendments are intended to-
- provide legal clarity pertaining to certain powers of the environmental management inspectors and environmental mineral resources inspectors;
- ensure that an environmental management inspector and environmental mineral resources inspector receive the same standard of approved training.
These amendments are aimed at empowering the Minister responsible for mineral resources to designate officials from the Petroleum Agency of SA (or any other organ of state by agreement between the DMR and the organ of state), and to ensure consistency in the training received by both EMIs and EMRIs before designation.

12. COMPLIANCE AND ENFORCEMENT
The proposed amendments are intended to-
- empower the MEC to designate officials as EMIs to undertake compliance and enforcement with provincial environmental legislation (old Nature Conservation Ordinances and new provincial Conservation Acts), in order to order to facilitate national consistency in the legislative powers utilized by environmental compliance and enforcement provisions;
- empower the Minister to establish an EMI Code of Conduct through Regulations;
- allows for flexibility in the drafting or formatting of templates prescribed for certain enforcement notices, but maintains a minimum standard as to content.
These amendments are aimed at strengthening the administrative, compliance and enforcement powers of EMIs and EMRIs.

13. COMPLIANCE AND ENFORCEMENT
The proposed amendments are intended to-
- empower EMIs to react to complaints and tip-offs to verify or confirm facts, and to turn a mere suspicion into a reasonable suspicion;
- empower EMIs to temporarily detain a consignment for further assessment or analysis in order to establish compliance;
- provide EMIs with flexibility to deposit the seized live specimen with appropriate facilities depending on the circumstances;
These amendments are aimed at strengthening compliance and enforcement powers of EMIs.

14. BIODIVERSITY AND CONSERVATION
The proposed amendments are aimed at providing clarity-
- on the actions, measures or methods to be undertaken to control or eradicate listed invasive species;
- 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, in order to ensure compliance King III Report on Good Governance.

15. AIR QUALITY MANAGEMENT
The proposed amendments are intended to-
- provide clarity that the Minister has a discretion to establish the National Air Quality Advisory Committee;
- clarify the two scenarios where a person may apply under section 22A of the NEMAQA;
- 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;
- 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;
- ensure that an air quality appeal follows the appeal process implemented in terms of section 43 of the NEMA.

16. WASTE MANAGEMENT
The proposed amendments are intended 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; - clarity that the Waste Management Bureau is established as a public entity with a Board of Directors responsible for, amongst others, the implementation of industry waste management plans, and to provide for governance matters; - provide clarity that the national contaminated land register will only reflect contaminated land; - ensure that a site assessment report and remediation plan regarding contaminated land are submitted simultaneously to the Minister for approval; - 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; - provide for the payment of a processing fee for the variation of a waste management licence.

17. INTEGRATED COASTAL MANAGEMENT
The proposed amendments are intended 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.

18. PROPOSED AMENDMENTS BENEFITS
The benefits of the proposed amendments are as follows:
Integrated, strengthened and efficient permitting, compliance monitoring and enforcement measures and systems;
SANBI and SANParks will comply with good governance in terms of the King III Report;
Waste Management Bureau will operate with a Governance Board responsible for accountability of all decisions of the Bureau;
open and safe human settlement in the coastal areas and conservation of the oceans ecosystem.

19. OVERVIEW OF PROCESS
The NEMLA Bill was published for public comments on 25 October 2015;
In March 2017 Cabinet approved the Bill to be tabled in Parliament;
Thereafter the Bill was tabled in Parliament in June 2017;
Department briefed the Portfolio Committee on Environmental Affairs on the content of the Bill on 30 and 31 January 2018;
Portfolio Committee public hearings are scheduled to take place on April 2018 and 02 May 2018;
Portfolio Committee will consider public inputs, review, revise and adopt the NEMLA Bill;
Thereafter the Bill will be referred to the National Council of Provinces for provincial hearings.