National Environmental Management Laws Amendment Act

Link to law: http://www.gov.za/documents/national-environmental-management-laws-amendment-act-0
Published: 2014-06-02

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National Environment Management Laws Amendment Act
Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions.
This means that this document will only contain even numbered pages as the other language is printed on uneven numbered pages.
Government Gazette
REPUBLIC OF SOUTH AFRICA
Vol. 588 Cape Town 2 June 2014 No. 37713
THE PRESIDENCY No. 448 2 June 2014
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
Act No. 25 of 2014: National Environmental Management Laws Amendment Act, 2014

2 No. 37713 GOVERNMENT GAZETTE, 2 June 2014 Act No. 25 of 2014 National Environmental Management Laws Amendment Act, 2014
GENERAL EXPLANATORY NOTE:
[ ] Words in bold type in square brackets indicate omissions from existing enactments.
Words underlined with a solid line indicate insertions in existing enactments.
ACT To amend the— • National Environmental Management Act, 1998, so as to amend certain definitions and to define certain words and expressions; to provide for the review of environmental management instruments; to provide for minimum informa- tion requirements to be included under environmental management instru- ments; to provide for the Minister responsible for mineral resources to be the competent authority for environmental matters in so far as they relate to prospecting, exploration, mining or production of mineral and petroleum resources; to empower theMinister to take an environmental decision in so far as it relates to prospecting, exploration, mining or production instead of the Minister responsible for mineral resources under certain circumstances; to clarify the provisions relating to integrated environmental authorisations; to strengthen the financial provisions in the Act; to provide for consultation with State Departments; to provide for the management of residue stockpiles and residue deposits; to empower the Director-General of the Department respon- sible for mineral resources to issue section 28 directives in so far as they relate to prospecting, exploration, mining or production; to empower the Minister responsible for mineral resources to designate environmental mineral resource inspectors within the Department responsible for mineral resources for compli- ance monitoring and enforcement of provisions in so far as they relate to prospecting, exploration, mining or production; to provide the Minister with the power to direct environmental management inspectors to perform compliance monitoring and enforcement duties instead of mineral resource inspectors under certain circumstances; to empower the provincial head of department to delegate a function entrusted to him or her under this Act; to provide for the suspension of a decision on receipt of an appeal; to provide for appeals against directives; to further provide for the power of the Minister to make regulations; to provide for consultation in the event that an Act of Parliament or regulations are amended that impact on the Agreement; to provide for the criteria for condonation applications in the case of appeals that relates to prospecting, exploration, mining or production;
• National Environmental Management: Waste Act, 2008, so as to insert certain definitions; to empower the Minister to prohibit or restrict waste management activities in specified geographical areas; to empower the Minister responsible for mineral resources to be the licensing authority to issue waste management
(English text signed by the President) (Assented to 30 May 2014)
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licences in so far as it relates to prospecting, exploration, mining or production activities of mineral and petroleum resources; to empower the Minister responsible for mineral resources to delegate a function entrusted to him or her under this Act;
• National EnvironmentalManagementAmendmentAct, 2008, so as to provide for transitional arrangements; to amend the commencement provisions; and to delete certain obsolete provisions; and to provide for matters connected therewith.
BE IT ENACTED by the Parliament of the Republic of South Africa, asfollows:— Amendment of section 1 of Act 107 of 1998, as amended by section 1 of Act 56 of 2002, section 1 of Act 46 of 2003, section 1 of Act 8 of 2004, section 1 of Act 62 of 2008, section 4 of Act 14 of 2009 and section 1 of Act 30 of 2013
1. Section 1 of the National Environmental Management Act, 1998, is hereby amended—
(a) by the substitution for the definition of ‘‘applicant’’ of the following definition:
‘‘ ‘applicant’ means a person who has submitted[— (a) or who intends to submit an application for an environmental
authorisation; or (b) an application for an environmental authorisation simulta-
neously with his or her application for any right or permit in terms of the Mineral and Petroleum Resources Development Act, 2002] an application for an environmental authorisation to the competent authority and has paid the prescribed fee;’’;
(b) by the deletion of the definition of ‘‘community’’; (c) by the substitution for the definition of ‘‘environmental management
inspector’’ of the following definition: ‘‘ ‘environmental management inspector’ means a person designated as an environmental management inspector in terms of section 31B, 31BA or 31C;’’;
(d) by the insertion after the definition of ‘‘environmental management programme’’ of the following definition:
‘‘ ‘environmental mineral resource inspector’ means a person desig- nated as an environmental mineral resource inspector in terms of section 31BB;’’;
(e) by the deletion of the definition of ‘‘exploration area’’; (f) by the insertion after the definition of ‘‘exploration area’’ of the following
definition: ‘‘ ‘financial provision’ means the insurance, bank guarantee, trust fund or cash that applicants for an environmental authorisation must provide in terms of this Act guaranteeing the availability of sufficient funds to undertake the— (a) rehabilitation of the adverse environmental impacts of the listed or
specified activities; (b) rehabilitation of the impacts of the prospecting, exploration, mining
or production activities, including the pumping and treatment of polluted or extraneous water;
(c) decommissioning and closure of the operations; (d) remediation of latent or residual environmental impacts which
become known in the future; (e) removal of building structures and other objects; or (f) remediation of any other negative environmental impacts;’’;
(g) by the deletion of the definition of ‘‘mining area’’; (h) by the substitution for the definition of ‘‘Minister’’ of the following definition:
‘‘ ‘Minister’[, in relation to all environmental matters except with regard to the implementation of environmental legislation, regula- tions, policies, strategies and guidelines relating to prospecting, mining, exploration, production and related activities on a prospect- ing, mining, exploration or production area,] means the Minister responsible for environmental matters;
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(i) by the deletion of the definition of the ‘‘Minister responsible for mineral resources’’; and
(j) by the deletion of the definitions of ‘‘production area’’, ‘‘prospecting area’’ and ‘‘Regional Mining Development and Environmental Committee’’.
Amendment of section 24 of Act 107 of 1998, as substituted by section 2 of Act 8 of 2004, section 2 of Act 62 of 2008 and section 5 of Act 30 of 2013
2. Section 24 of the National Environmental Management Act, 1998, is hereby amended—
(a) by the substitution in subsection (5)(b) for subparagraph (vi) of the following subparagraph:
‘‘(vi) the management and control of residue stockpiles and deposits [on a prospecting, mining, exploration or production area];’’; and
(b) by the substitution in subsection (5) for paragraph (bA) of the following paragraph:
‘‘(bA) laying down the procedure to be followed for the preparation, evaluation, [and] adoption and review of prescribed environmen- tal management instruments, including— (i) environmental management frameworks; (ii) strategic environmental assessments; (iii) environmental impact assessments; (iv) environmental management programmes; (v) environmental risk assessments; (vi) environmental feasibility assessments; (vii) norms or standards; (viii) spatial development tools; [or]
(viiiA) minimum information requirements; or (ix) any other relevant environmental management instrument
that may be developed in time;’’.
Amendment of section 24C of Act 107 of 1998, as inserted by section 3 of Act 8 of 2004, substituted by section 3 of Act 62 of 2008 and amended by section 6 of Act 30 of 2013
3. Section 24C of the National Environmental Management Act, 1998, is hereby amended—
(a) by the substitution for subsection (2A) of the following subsection: ‘‘(2A) The Minister responsible for mineral resources must be
identified as the competent authority in terms of subsection (1) where the listed or specified activity [constitutes prospecting, mining, explora- tion, production or a related activity occurring within a prospecting, mining, exploration or production area] is directly related to— (a) prospecting or exploration of a mineral or petroleum resource; or (b) extraction and primary processing of a mineral or petroleum
resource.’’; and (b) by the insertion after subsection (2B) of the following subsection:
‘‘(2C) (a)Whenever a decision on an application for an environmental authorisation is not made within the time-frames applicable to that process, the applicant may apply to the Minister to facilitate the process of taking the decision by the Minister responsible for mineral resources, or where appropriate, to take the decision. (b) The applicant must notify the Minister responsible for mineral
resources in writing of the intention to exercise the option in paragraph (a) at least 30 days prior to the exercising of such option. (c) The application contemplated in paragraph (a) must, at least,
contain all the documents submitted to the Minister responsible
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for mineral resources in order to enable the Minister to take a decision. (d) Before taking a decision contemplated in paragraph (a), the
Minister must request the Minister responsible for mineral resources to provide him or her with a report within a specified time period on the status and causes of delay in the application and whether the Minister will be able to take the decision within a specified time period. (e) After having received the report referred to in paragraph (d) or in
the event that no response or no satisfactorily response or cooperation is received from the Minister responsible for mineral resources within the specified time period, the Minister must, where appropriate, take the decision or such other steps as the Minister may deem necessary, within a reasonable time period. (f) The Minister must, simultaneously with the submission of the
annual report contemplated in section 40(1)(d)(i) of the Public Finance Management Act, 1999 (Act No. 1 of 1999), submit a report to Parliament setting out the details regarding the exercise of the power referred to in subsection (e) during the previous financial year.’’.
Amendment of section 24L of Act 107 of 1998, as inserted by section 8 of Act 62 of 2008
4. Section 24L of the National Environmental Management Act, 1998, is hereby amended—
(a) by the substitution for subsection (1) of the following subsection: ‘‘(1) A competent authority empowered under Chapter 5 to issue an
environmental authorisation and any other authority empowered under a specific environmental managementAct may agree to issue an integrated environmental authorisation.’’; and
(b) by the substitution in subsection (2) for the words preceding paragraph (a) of the following words:
‘‘An intergrated environmental authorisation contemplated in subsection (1) [(b)] may be issued only if—’’.
Amendment of section 24N of Act 107 of 1998, as inserted by section 8 of Act 62 of 2008
5. Section 24N of the National Environmental Management Act, 1998, is hereby amended—
(a) by the substitution for subsection (1) of the following subsection: ‘‘(1) The Minister, the Minister responsible for mineral resources[,] or
an MEC [or identified competent authority] may require the submis- sion of an environmental management programme before considering an application for an environmental authorisation.’’;
(b) by the substitution for subsection (1A) of the following subsection: ‘‘(1A)Where an environmental impact assessment has been identified
as the environmental instrument to be utilised [in informing] as the basis for a decision on an application for environmental authorisation, [or where such application relates to prospecting, mining, exploration or production and related activities on a prospecting, mining, explora- tion or production area,] the Minister, the Minister responsible for mineral resources[,] or an MEC [or identified competent authority] must require the submission of an environmental management programme before [considering] deciding an application for an environ- mental authorisation.’’;
(c) by the substitution in subsection (3) for paragraph (b) of the following paragraph:
‘‘(b) contain measures regulating responsibilities for any environmental damage, pollution, pumping and treatment of polluted or extraneous water or ecological degradation [as a result of prospecting or mining operations or related mining activities] which may occur inside and outside the boundaries of the [prospecting area or mining area] operations in question;’’;
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(d) by the deletion of subsection (4); (e) by the substitution for subsections (5) and (6) of the following subsections:
‘‘(5) The Minister, the Minister responsible for mineral resources[,] or an MEC [or identified competent authority] may call for additional information and may direct that the environmental management programme in question must be adjusted in such a way as the Minister, the Minister responsible for mineral resources or the MEC may require. (6) The Minister, the Minister responsible for mineral resources[,] or
anMEC [or identified competent authority]may at any time after he or she has approved an application for an environmental authorisation approve an amended environmental management programme.’’;
(f) by the substitution in subsection (7)(c) for subparagraph (ii) of the following subparagraph:
‘‘(ii) as an integral part of the [reconnaissance,] prospecting or mining, exploration or production operation, unless the Minister responsible for mineral resources directs otherwise;’’;
(g) by the substitution in subsection (7) for paragraph (f) of the following paragraph:
‘‘(f) is responsible for any environmental damage, pollution, pumping and treatment of polluted or extraneous water or ecological degradation as a result of his or her [prospecting or mining operations or related mining activities which may occur inside and outside the boundaries of the prospecting or mining area] operations to which such right, [or] permit or environmental authorisation relates.’’; and
(h) by the addition of the following subsection: ‘‘(8) Notwithstanding the Companies Act, 2008 (Act No. 71 of 2008),
or the Close Corporations Act, 1984 (Act No. 69 of 1984), the directors of a company or members of a close corporation are jointly and severally liable for any negative impact on the environment, whether advertently or inadvertently caused by the company or close corporation which they represent, including damage, degradation or pollution.’’.
Amendment of section 24O of Act 107 of 1998, as inserted by section 8 of Act 62 of 2008 and amended by section 11 and 26 of Act 30 of 2013
6. Section 24O of the National Environmental Management Act, 1998, is hereby amended—
(a) by the substitution in subsection (1) for the words preceding paragraph (a) of the following words:
‘‘If the Minister, the Minister responsible for mineral resources[,] or an MEC [or identified competent authority] considers an application for an environmental authorisation, the Minister, Minister responsible for mineral resources[,] or MEC [or competent authority] must—’’;
(b) by the insertion in subsection (1)(b) of the following subparagraph after subparagraph (iii):
‘‘(iiiA) the ability of the applicant to comply with the prescribed financial provision;’’;
(c) by the substitution for subsection (2) of the following subsection: ‘‘(2) TheMinister, the Minister responsible for mineral resources or an
MEC [or identified competent authority]must consult with every State department that administers a law relating to a matter affecting the environment when [he or she] such Minister, Minister responsible for mineral resources or MEC considers an application for an environmental authorisation.’’;
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(d) by the insertion after subsection (2) of the following subsection: ‘‘(2A) Where the matter relates to prospecting, exploration, mining or
production, the request for comment contemplated in subsection (2), must be submitted by registered mail to the Director-General or provincial head of department of the State department contemplated in subsection (2).’’;
(e) by the substitution for subsection (3) of the following subsection: ‘‘(3) A State department consulted in terms of subsection (2) must
submit comment within [40] 30 days from the date on which the Minister, Minister responsible for mineral resources,] or MEC [or], [identified competent authority] or environmental assessment practi- tioner requests such State department in writing to submit comment.’’; and
(f) by the deletion of subsections (4) and (5).
Amendment of section 24P of Act 107 of 1998, as inserted by section 8 of Act 62 of 2008
7. Section 24P of the National Environmental Management Act, 1998, is hereby amended—
(a) by the substitution for subsection (1) of the following subsection: ‘‘(1) An applicant for an environmental authorisation relating to
prospecting, [mining,] exploration, mining or production [or related activities on a prospecting, mining, exploration or production area] must [make provision for the prescribed financial provision], before the Minister responsible for mineral resources issues the environmental authorisation, comply with the prescribed financial provision for the rehabilitation, closure and ongoing post decommissioning management of negative environmental impacts.’’;
(b) by the substitution for subsection (3) of the following subsection: ‘‘(3) Every holder must annually—
(a) assess his or her environmental liability in a prescribed manner and must increase his or her financial provision to the satisfaction of the Minister responsible for mineral resources; and
(b) submit an audit report to the Minister responsible for mineral resources on the adequacy of the financial provision from an independent auditor.’’; and
(c) by the substitution for subsection (5) of the following subsection: ‘‘(5) The requirement to maintain and retain the financial provision
contemplated in this section remains in force [until the Minister of Minerals and Energy issues a certificate to such holder, but] notwithstanding the issuing of a closure certificate by the Minister responsible for mineral resources in terms of the Mineral and Petroleum Resources DevelopmentAct, 2002 to the holder or owner concerned and the Minister responsible for mineral resources may retain such portion of the financial provision as may be required to rehabilitate the closed mining or prospecting operation in respect of latent, [or] residual or any other environmental impacts, including the pumping of polluted or extraneous water, for a prescribed period.’’.
Amendment of section 24R of Act 107 of 1998, as inserted by section 8 of Act 62 of 2008
8. Section 24R of the National Environmental Management Act, 1998, is hereby amended—
(a) by the substitution for subsection (1) of the following subsection: ‘‘(1) Every holder, holder of an old order right and owner of works
remain responsible for any environmental liability, pollution or ecologi- cal degradation, the pumping and treatment of polluted or extraneous water, the management and sustainable closure thereof [until the Minister of mineral resources has issued a closure certificate]
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notwithstanding the issuing of a closure certificate by the Minister responsible for mineral resources in terms of the Mineral and Petroleum Resources Development Act, 2002, to the holder or owner concerned.’’;
(b) by the substitution for subsection (2) of the following subsection: ‘‘(2) When the Minister responsible for mineral resources issues a
closure certificate, he or she must return such portion of the financial provision contemplated in section 24P as the Minister may deem appropriate to the holder concerned, but may retain a portion of such financial provision referred to in subsection (1) for any latent, [and or] residual or any other environmental impact [that may become known in the future], including the pumping of polluted or extraneous water, for a prescribed period after issuing a closure certificate.’’.
Insertion of section 24S to Act 107 of 1998
9. The following section is hereby inserted in the National Environmental Management Act, 1998, after section 24R:
‘‘Management of residue stockpiles and residue deposits
24S. Residue stockpiles and residue deposits must be deposited and managed in accordance with the provisions of the National Environmental Management:WasteAct, 2008 (Act No. 59 of 2008), on any site demarcated for that purpose in the environmental management plan or environmental management programme in question.’’.
Amendment of section 28 of Act 107 of 1998, as amended by section 12 of Act 14 of 2009 and section 12 of Act 30 of 2013
10. Section 28 of the National Environmental Management Act, 1998, is hereby amended by the substitution in subsection (4) for the words preceding paragraph (a) of the following words:
‘‘The Director-General, the Director-General of the department respon- sible for mineral resources or a provincial head of department may, after having given adequate opportunity to affected persons to inform him or her of their relevant interests, direct any person who is causing, has caused or may cause significant pollution or degradation of the environment to—’’;
(b) by the substitution in subsection (5) for the words preceding paragraph (a) of the following words:
‘‘The Director-General, the Director-General of the department respon- sible for mineral resources or a provincial head of department, when considering any measure or time period envisaged in subsection (4), must have regard to the following;’’;
(c) by the substitution in subsection (8) for the words preceding paragraph (a) of the following words:
‘‘Subject to subsection (9), the Director-General, the Director-General of the department responsible for mineral resources or provincial head of department may recover costs for reasonable remedial measures to be undertaken under subsection (7), before such measures are taken and all costs incurred as a result of acting under subsection (7), from any or all of the following persons—’’; and
(d) by the substitution for subsections (9) and (12) of the following subsections, respectively:
‘‘(9) The Director-General, the Director-General of the department responsible for mineral resources or provincial head of department may in respect of the recovery of costs under subsection (8), claim proportionally from any other person who benefited from the measures undertaken under subsection (7). (12) Any person may, after giving the Director-General, the Director-
General of the department responsible for mineral resources or provin- cial head of department 30 days’notice, apply to a competent court for an order directing the Director-General, the Director-General of the
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department responsible for mineral resources or any provincial head of department to take any of the steps listed in subsection (4) if the Director-General, the Director-General of the department responsible for mineral resources or provincial head of department fails to inform such person in writing that he or she has directed a person contemplated in subsection (8) to take one of those steps, and the provisions of section 32(2) and (3) shall apply to such proceedings, with the necessary changes.’’.
Insertion of section 31BB in Act 107 of 1998
11. The following section is hereby inserted in the National Environmental Management Act, 1998 after section 31BA:
‘‘Designation of environmental mineral resource inspectors by Minis- ter responsible for mineral resources
31BB. (1) The Minister responsible for mineral resources may— (a) designate as an environmental mineral resource inspector, any staff
member of the Department of Mineral Resources; and (b) at any time withdraw a designation made in terms of paragraph (a).’’.
Amendment of section 31D of Act 107 of 1998, as substituted by section 5 of Act 44 of 2008 and amended by section 26 of Act 30 of 2013
12. Section 31D of the National Environmental Management Act, 1998, is hereby amended—
(a) by the insertion after subsection 2 of the following subsection: ‘‘(2A) The Minister responsible for mineral resources may designate a
person as an environmental mineral resource inspector for the compli- ance monitoring and enforcement of the provisions of this Act or a specific environmental management Act in respect of which powers are conferred on him or her.’’;
(b) by the substitution for subsection (3) of the following subsection: ‘‘(3) A person designated as an environmental management inspector
or environmental mineral resource inspector may exercise any of the powers given to environmental management inspectors in terms of this Act that are necessary for the inspector’s mandate in terms of [subsection] subsections (1) or 2A that may be specified by the Minister, the Minister responsible for water affairs, the Minister responsible for mineral resources or MEC by notice in writing to the environmental management inspector or environmental mineral resource inspector.’’; and
(c) by the addition of the following subsections: ‘‘(4) Despite the provisions in subsections (2A) and (3), the Minister
may, with the concurrence of the Minister responsible for mineral resources, if the environmental mineral resource inspectors are unable or not adequately able to fulfill the compliance monitoring and enforcement functions, designate environmental management inspectors to imple- ment these functions in terms of this Act or a specific environmental management Act in respect of which powers have been conferred on the Minister responsible for mineral resources. (5) In the event that a complainant alleges that a specific compliance
monitoring and enforcement function relating to prospecting, explora- tion, mining and production has not been implemented or has been inadequately implemented, the complainant must submit, in writing, information substantiating such allegations to the Minister responsible for mineral resources. (6) In the event that the complainant is not satisfied with the response
from the Minister responsible for mineral resources, the complainant
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may submit, in writing, such information to the Minister with substanti- ating documentation, including details of the engagement with the Minister responsible for mineral resources. (7) On receipt of such information referred to in subsection (6), the
Minister must consult with the Minister responsible for mineral resources on his or her response to the complainant. (8) Subsequent to subsection (7), the Minister may, in concurrence
with the Minister responsible for mineral resources, within a reasonable period of time and where appropriate— (a) assist or support the Minister responsible for mineral resources to
fulfill his or her compliance monitoring and enforcement obliga- tions under this Act; or
(b) direct the environmental management inspectors as contemplated in subsection (4) to undertake the compliance monitoring and enforce- ment functions.
(9) The Minister must inform the complainant of steps taken in response to the complaint.’’.
Amendment of section 42A ofAct 107 of 1998, as inserted by section 10 ofAct 46 of 2003
13. Section 42A is hereby amended by the addition of the following subsection: ‘‘(5)Aprovincial head of department may delegate a power or duty vested in him
or her or delegated to him or her by the MEC in terms of this Act or a specific environmental management Act to the holder of an office in the department. (6) The delegation in subsection (5)—
(a) must be in writing; (b) may be made subject to conditions; and (c) may be withdrawn by the provincial head of department.’’.
Amendment of section 43 of Act 107 of 1998, as substituted by section 4 of Act 8 of 2004 and section 10 of Act 62 of 2008
14. Section 43 of the National Environmental Management Act, 1998, is hereby amended—
(a) by the substitution for subsections (1A), (4) and (7) of the following subsections, respectively:
‘‘(1A)Any person may appeal to the Minister against a decision made in terms of thisAct or any specific environmental managementAct by the Minister responsible for mineral resources or any person acting under his or her delegated authority.
(4) An appeal under subsection (1), (1A)[, (1B)] or (2) must be noted and must be dealt with in the manner prescribed and upon payment of a prescribed fee. (7)An appeal under this section [does not] suspends an environmental
authorisation[ or], exemption, directive, or any other decision made in terms of thisAct or any other specific environmental managementAct, or any provision or condition attached thereto, [, or any directive, unless the Minister or an MEC directs otherwise].’’;
(b) by the deletion of subsection (1B); and (c) by the addition of the following subsections:
‘‘(8) A person who receives a directive in terms of section 28(4) may lodge an appeal against the decision made by the Director-General, the Director-General of the department responsible for mineral resources, or the provincial head of the department to the Minister, the Minister responsible for mineral resources or the MEC, as the case may be, within 30 days of receipt of the directive, or within such longer period as the Minister, the Minister responsible for mineral resources or MEC may determine. (9) Notwithstanding subsection (7) and pending the finalisation of the
appeal, the Minister, the Minister responsible for mineral resources or
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MEC, as the case may be, may direct that any part or provision of the directive not be suspended, but only strictly in exceptional circumstances where there is an imminent threat to human health or the environment. (10) A person who receives a directive and who wishes to lodge an
appeal in terms of subsection (8) may make representations to the Minister, the Minister responsible for mineral resources or MEC, as the case may be, to suspend the operation of the directive or any part of the directive pending the finalisation of the appeal. (11)After considering the appeal lodged in terms of subsection (8) and
any other relevant information, the Minister, the Minister responsible for mineral resources or MEC, as the case may be— (a) may confirm, modify or cancel a directive or any part of a directive;
and (b) may specify the period within which the person who received the
directive must comply with any part of the directive that is confirmed or modified.’’.
Amendment of section 44 of Act 107 of 1998, as amended by section 2 of Act 52 of 2002 and section 21 of Act 30 of 2013
15. Section 44 of the National Environmental Management Act, 1998, is hereby amended—
(a) by deletion of the word ‘‘and’’ at the end of paragraph ‘‘(aD)’’ and the insertion after that paragraph of the following paragraphs:
‘‘(aE) on the assessment and determination of environmental liability; (aF) auditing and reporting of environmental liability; (aG) the amendment of the financial provision; and (aH) any other matter necessary to facilitate the implementation of the
financial provision.’’; and (b) by the insertion after subsection (1B) of the following subsection:
‘‘(1C) Regulations made in terms of this Act or any other Act of Parliament that may have the effect of amending the provisions of the Agreement referred to in section 50A must be made by the Minister in concurrence with the Minister responsible for mineral resources and the Minister responsible for water affairs.’’.
Insertion of section 47CA and 47CB in Act 107 of 1998
16. The following sections are hereby inserted in the National Environmental Management Act, 1998, after section 47C:
‘‘Extension of time periods applicable to appeals relating to prospect- ing, exploration, mining or production
47CA. The Minister responsible for mineral resources in respect of a decision that relates to prospecting, exploration, mining or production in terms of this Act or any specific environmental management Act may only in exceptional circumstances extend or condone a failure by a person to comply with a time period in terms of this Act or a specific environmental management Act, except a time period which binds the Minister respon- sible for mineral resources.
Condonation of time periods applicable to appeals relating to prospect- ing, exploration, mining or production
47CB. (1) TheMinister may only in exceptional circumstances extend or condone a failure by a person to comply with a time period applicable to an appeal contemplated in section 43(1A), except for a time period which binds the Minister. (2) TheMinister may not accept an application for condonation to submit
an appeal contemplated in section 43(1A) after 30 days has lapsed from the
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date of the decision by theMinister responsible for mineral resources or any person acting under his or her delegated authority. (3) When considering an extension or condonation the Minister must
consider the following factors: (a) The degree of lateness; (b) a detailed explanation of the reasons for the lateness; (c) whether and to what extent that person or the Minister responsible for
mineral resources will suffer prejudice if the time period is extended or failure to comply with a time period is condoned; and
(d) a detailed explanation of the merits of the application for extension or condonation.
(4) The time period may only be condoned for a maximum period equal to the time period allowed for the action for which condonation is sought in terms of this Act.’’.
Insertion of section 50A in Act 107 of 1998
17. The following section is hereby inserted in the National Environmental Management Act, 1998, after section 50:
‘‘Future amendments in respect of environmental matters in so far as it relates to the Agreement
50A. (1) (a) Any proposed amendments to the provisions relating to prospecting, exploration, mining or production in this Act, the National Environmental Management Amendment Act, 2008 (Act No. 62 of 2008), a specific environmental management Act or any other Act of Parliament that may have the effect of amending the provisions of theAgreement, must be subject to concurrence between the Minister, the Minister responsible for water affairs and the Minister responsible for mineral resources. (b)Any intervention contemplated in paragraph (a) that may lead to the
amendment of the provisions of the Agreement must be tabled in Parliament prior to any steps being taken to effect those changes, and Parliament may express its view on the proposed amendment of the Agreement. (2) Agreement for the purpose of subsection (1) means the Agreement
reached between the the Minister, the Minister responsible for water affairs and the Minister responsible for mineral resources titledOne Environmen- tal System for the country with respect to mining, which entails— (a) that all environment related aspects would be regulated through one
environmental system which is the principal Act and that all environmental provisions would be repealed from the Mineral and Petroleum Resources Development Act, 2002;
(b) that the Minister sets the regulatory framework and norms and standards, and that the Minister responsible for Mineral Resources will implement the provisions of the principal Act and the subordinate legislation as far as it relates to prospecting, exploration, mining or operations;
(c) that the Minister responsible for Mineral Resources will issue environmental authorisations in terms of the principal Act for prospecting, exploration, mining or operations, and that the Minister will be the appeal authority for these authorisations; and
(d) that the Minister, the Minister responsible for Mineral Resources and the Minster responsible for Water Affairs agree on fixed time-frames for the consideration and issuing of the authorisations in their respective legislation and agree to synchronise the time frames.’’.
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Amendment of section 1 of Act 59 of 2008
18. Section 1 of the National Environmental Management: WasteAct, 2008 is hereby amended—
(a) by the insertion after the definition of ‘‘MEC’’ of the following definition: ‘‘ ‘Mineral and Petroleum Resources Development Act, 2002’ means the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002);’’; and
(b) by the insertion after the definition ‘‘recycle’’ of the following definitions: ‘‘ ‘residue deposit’ has the meaning assigned to it in section 1 of the Mineral and Petroleum Resources Development Act, 2002; ’residue stock pile’ has the meaning assigned to it in section 1 of the Mineral and Petroleum Resources Development Act, 2002;’’.
Amendment of section 4 of Act 59 of 2008
19. Section 4 of the National Environmental Management: WasteAct, 2008 is hereby amended by the deletion in subsection (1) of paragraph (b).
Insertion of section 20A in Act 59 of 2008
20. The following section is hereby inserted in the National Environmental Management: Waste Act, 2008 after section 20:
‘‘Prohibited or restricted activities in specified geographical areas
20A. (1) Despite section 19 and in accordance with the risk averse and cautious approach contemplated in section 2(4)(a)(vii) of the National Environmental Management Act, 1998, the Minister may by notice in the Gazette prohibit or restrict the granting of a waste management licence by the licensing authority for a listed activity in a specified geographical area for such period and on such terms and conditions as the Minister may determine, if it is necessary in order to ensure protection of the environment, conservation of resources, sustainable development or human health and well-being. (2) A prohibition or restriction contemplated in subsection (1) does not
affect the undertaking of activities authorised by means of a waste management licence prior to the prohibition becoming effective. (3) Where the prohibition or restriction affects the exercise of a power
that the MEC has in terms of this Act, the prohibition or restriction contemplated in subsection (1) may be published in the Gazette after consulting the MEC affected by the prohibition or restriction notice. (4) The Minister may by notice in the Gazette—
(a) lift a prohibition or restriction made in terms of subsection (1) if the circumstances which caused the Minister to prohibit or restrict no longer exist; or
(b) amend any period, term or condition applicable to any prohibition or restriction made in terms of subsection (1) if the circumstances which caused the Minister to prohibit or restrict have changed.
(5) Before acting in terms of subsection (1), the Minister must— (a) consult all Cabinet members whose areas of responsibility will be
affected by the exercise of the power; (b) consult the MEC that will be affected by the exercise of the power; and (c) publish a notice in the Gazette inviting members of the public to
submit to the Minister, within 30 days of publication of the notice in the Gazette, written representations on the proposed prohibition or restriction.’’.
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Amendment of section 43 of Act 59 of 2008
21. Section 43 of the National Environmental Management: Waste Act, 2008 is hereby amended by the insertion after subsection (1) of the following subsections:
‘‘(1A) The Minister responsible for mineral resources is the licensing authority where the waste management activity is, or is directly related to— (a) prospecting or exploration of a mineral or petroleum resource; (b) extraction and primary processing of a mineral or petroleum resource; or (c) residue deposits and residue stockpiles from a prospecting, mining, explora-
tion or production operation. (1B) The Minister responsible for mineral resources is responsible for the
implementation of the provisions that relate to matters referred to in subsection (1A).’’.
Insertion of section 43A in Act 59 of 2008
22. The following section is hereby inserted in the National Environmental Management: Waste Act, 2008 after section 43:
‘‘Residue stockpiles and residue deposits
43A. (1) Residue stockpiles and residue deposits must be managed in the prescribed manner on any site demarcated for that purpose in the environmental management plan or environmental management programme for that prospecting, mining, exploration or production operation. (2) No person may temporarily or permanently deposit any residue
stockpile or residue deposit on any site other than on a site contemplated in subsection (1).’’.
Amendment of section 67 of Act 59 of 2008
23. Section 67 of the National Environmental Management: Waste Act, 2008, is hereby amended by the substitution in subsection (1) for paragraph (a) of the following paragraph:
‘‘(a) contravenes or fails to comply with a provision of section 15, 16(1)(c), (d), (e) or (f), 20, 26(1), 43A, or any order under section 38(2) or (3) or a notice under section 17(2) or 18(1);’’.
Amendment of section 69 of Act 59 of 2008
24. Section 69 of the National Environmental Management: Waste Act, 2008, is hereby amended by the insertion in subsection (1) after paragraph (i) of the following paragraph:
‘‘(iA) the management and control of residue stockpiles and residue deposits from a prospecting, mining, exploration or production operation.’’.
Insertion of section 79A in Act 59 of 2008
25. The following section is hereby inserted in the National Environmental Management: Waste Act, 2008 after section 79:
‘‘Delegation by Minister responsible for mineral resources
79A. (1) The Minister responsible for mineral resources may delegate a function entrusted to him or her in terms of this Act to— (a) the Director-General of the Department responsible for mineral
resources; or
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(b) the holder of a specific post in the Department responsible for mineral resources who is not below the rank of director or its equivalent.
(2) A delegation in terms of subsection (1)— (a) must be in writing; (b) may be made subject to any condition; (c) may be withdrawn by the Minister responsible for mineral re-
sources.’’.
Amendment of section 12 of Act 62 of 2008
26. Section 12 of the National Environmental ManagementAmendmentAct, 2008, is hereby amended by the addition of the following subsections:
‘‘(6) Any appeal lodged in terms of section 96 of the Mineral and Petroleum Resources Development Act, 2002, against a decision in respect of environmental aspects, that is pending on the date referred to in section 14(2)(b) of the National Environmental Management Amendment Act, 2008 must be dealt with in terms of the Mineral and Petroleum Resources Development Act, 2002. (7) An application for a right or permit in relation to prospecting, exploration,
mining or production in terms of the Mineral and Petroleum Resources Development Act, 2002 that is pending on the date referred to in section 14(2)(b) of the National Environmental Management Amendment Act, 2008, must be dispensed of in terms of that Act as if that Act had not been amended.’’.
Repeal of section 13 of Act 62 of 2008
27. Section 13 of the National Environmental ManagementAmendmentAct, 2008, is hereby repealed.
Amendment of section 14 of Act 62 of 2008
28. Section 14 of the National Environmental Management Act, 2008 is hereby amended by the deletion of subsection (2) one day immediately before the commence- ment of this Act.
Repeal of Schedule to Act 62 of 2008
29. Schedule to the National Environmental Management Amendment Act, 2008 is hereby repealed.
Amendment of Arrangements of Sections of Act 107 of 1998
30. The Arrangements of Sections of the National Environmental Management Act, 1998 is hereby amended—
(a) by the insertion after item 31BA of the following item: ‘‘31BB. Designation of environmental mineral resource inspectors by
Minister of Mineral Resources’’; (b) by the insertion after item 24P of the following item:
‘‘24P. Management of residue stockpiles and residue deposits’’; (c) by the insertion after item 47C of the following items:
‘‘47CA. Extension of time periods applicable to appeals relating to prospecting, exploration, mining or production’’;
‘‘47CB. Condonation of time periods applicable to appeals relating to prospecting, exploration, mining or production; and’’;
(d) by the insertion after item 50 of the following item: ‘‘50A. Future amendments in respect of environmental matters in so
far as it relates to the Agreement’’.
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Amendment of Table of Contents of Act 59 of 2008
31. The Table of Contents of the National Environmental Management: Waste Act, 2008 is hereby amended—
(a) by the insertion after item 20 of the following item: ‘‘20A. Prohibited or restricted activities in specified geographical
areas’’; and (b) by the insertion after item 79 of the following item:
‘‘79A. Delegation by Minister responsible for mineral resources’’.
Short title and commencement
32. This Act is called the National Environmental Management Laws Amendment Act, 2014, and comes into effect three months from the date of publication of thisAct by the President in the Gazette in terms of section 81 of the Constitution.
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