2009-05-11
NOTICE: National Environmental Management Amendment Act active from 1 May 2009
GN 32156 Notice Number 27
The President has determined 1 May to be the date on which the National Environmental Management Amendment Act 62 of 2008 became active. Herewith a summary of all relevant changes:
General changes
- Definitions are changed:
- Commence
- Development footprint
- Environmental authorisations
- Norms and standards can be prescribed
- Integrated and aligned permitting:
- Using a process done under another act to obtain NEMA authorisation
- Providing one integrated authorisation for an activity that requires several authorisations
- Exemptions from NEMA possible
- Aligns all environmental authorisations for NEMA Acts and mining EMPR’s
- Transitional arrangements:
- 24G rectification to apply to relevant ECA sec 22 illegal activities if it is listed under NEMA as well. Previously no remedy.
- All done under NEMA and MPRDA remains in force
EIA related changes
- " 'environmental authorisation', when used in Chapter 5, means the authorisation by a competent authority of a listed activity or specified activity in terms of this Act, and includes a similar authorisation contemplated in a specific environmental management Act;
- Integrated and aligned permitting 24L
- Exemptions are possible under 24M
- Mining related EIA listed activities authorised by DME
- Appeals re mining ROD to DEAT
- 24G applies to previous illegal activities under ECA EIA regs that is now listed activities, meaning offenders can be prosecuted and old illegal activities rectified.
Mining related changes
- New definitions for Minister and Minister of DME
- Exemptions from NEMA possible 24M
- Integrated and aligned permitting s24L
- Regulations for mine residue deposits/stockpile management, closure, financial provision, EMP performance assessment etc may be made.
- Environmental Management Programmes - 24N:
- Min may require EMP prior to accepting application for environmental authorisation.
- Content of EMP prescribed
- Financial provision for remediation -24P
- Before applying for environmental authorisation financial provision must be made
- Annual assessment and adjustment of adequacy for closure and environmental liabilities
- Monitoring and Performance assessment in mining– 24Q
- For environmental authorisation provisions monitoring
- EMP performance assessment
- Mine Closure 24R
- Responsible for environmental liability, pollution or ecological degradation as well as pumping and treating of extraneous water until closure certificate is issued ito MPRDA
- DME may hold left over financial provision for future environmental impacts
- May publish strategies for cumulative impacts of interconnected mines to facilitate closure
- Appeals – 43
- To DEAT for DME authorisations except if it relates to process.
NB: The National Environmental Laws Amendment Bill will also amend NEMA and the MPRDA Amendment Act will also have further implications. At the moment the National Environmental Laws Bill is still in Bill format and the MPRDA Amendment Act has been assented to by the President but has not yet become active.
| 
