2. National Environmental Management Act Second Amendment Bill BACKGROUND NOTES ON RATIONALE AND IMPORTANT CHANGES FEBRUARY 2004

3. Introduction  NEMA was introduced in 1998  Provides a broad framework for environmental management  ECA 1989 provided for specific measures regarding environmental protection  In 1997 regulations passed requiring EIAs for listed activities  These regulations have been implemented for 6 years now  Section 50 repeals EIA provisions of ECA  NEMA needs amendment to enable effective implementation

4. Rationale for amending NEMA  To facilitate effective implementation  To remove ambiguity  To provide clarity in terms of process  environmental assessment practitioner  To provide for other IEM tools  To replace ECA provisions

5. What is new?  Definitions expanded to include:  competent authority  environmental authorization  Shift focus from “all activities…” to “listed activities”  Identify geographical areas where:  specified activities may not commence  specified activities could be excluded from authorization

6. What is new? (cont)  Regulations to provide for:  application fees to be charged and recovery of costs for specialists 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

7. What is new? (cont)  Provision for:  delisting of 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 to be appointed [24H]  specialist reviewers to be appointed [24I]

8. What is new? (cont)  Appeals [43]  prescribed fee  can appoint appeal panel  Parliamentary procedure for regulations streamlined [47]  Transitional provisions[50]  Applications under ECA to continue  Minister to ID activities that will remain until MECs publish own lists

9. Small corrections  Section 24(4) could be contained in regulations  Section 24(8): editorial amendment (“if”)  Section 24F(1): editorial amendment [delete “or (c)”]

10. Thank you