National Environment Laws Amendment Act

Link to law: http://www.gov.za/documents/national-environment-laws-amendment-act
Published: 2008-12-05

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National Environment Laws Amendment Act 44 of 2008


Government Gazette
REPUBLIC OF SOUTH AFRICA

Vol. 522 Cape Town 5 December 2008 No. 31685
THE PRESIDENCY No. 1318 5 December 2008
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 44 of 2008: National Environment Laws Amendment Act, 2008.

ACT To provide for the Atmospher ic Pol lut ion Prevent ion Act , 1965 , to be regarded as a specific environmenta l m a n a g e m e n t Act until sect ion 6 0 of the Nat ional Environmenta l M a n a g e m e n t : Air Qual i ty Act , 2004 , takes effect; to a m e n d the E n v i r o n m e n t Conservat ion Act , 1989 , so as to rectify certain incorrect references in the Act; to a m e n d the National Environmenta l M a n a g e m e n t Act , 1998, so as to clarify an uncertainty in the Act concern ing certa in definitions; to authorise the Minis ter of Water Affairs a n d Forestry to des ignate persons as env ironmenta l m a n a g e m e n t inspectors; to provide for env ironmenta l m a n a g e m e n t inspectors to be regarded as peace officers as contemplated in the Criminal Procedure Act , 1977; and to provide for a penalty for the offence of fai l ing to comply with a compl iance notice in terms of sect ion 3 1 N of the Nat ional Environmenta l M a n a g e m e n t Act , 1998; and to a m e n d the National Env ironmenta l M a n a g e m e n t : A ir Qual i ty Act , 2004 , so as to subst i tute Schedule 1 to that Act; and to provide for mat ters connected therewith.
BE IT E N A C T E D by the Par l iament of the Republ ic of South Africa, as fo l lows:— Atmospher i c Pol lut ion Prevent ion Act, 1965, to be regarded as specific env iron­ mental m a n a g e m e n t Act
1 . (1 ) Subject to subsection (2), the Atmospher ic Pollution Prevent ion Act , 1965 (Act No . 45 of 1965), must be regarded as a specific envi ronmenta l managemen t Ac t for the purposes of the National Environmenta l M a n a g e m e n t Act , 1998 ( A c t N o . 107 of 1998).
(2) This section lapses when section 60 of the Nat ional Environmenta l Managemen t : Air Quali ty Act , 2004 (Act N o . 39 of 2004) , takes effect.
A m e n d m e n t of section 29 of Ac t 7 3 of 1989, as a m e n d e d by section 18 of Ac t 79 of 1992, Proc lamat ion R 2 9 of 1995 a n d Proc lamat ion R 4 3 of 1996
2. Section 29 of the Env i ronment Conservat ion Act, 1989, is hereby amended by the substitution for subsection (4) of the following subsect ion:
" (4) Any person who contravenes a provision of section 20(1), [20(6)] 20(9) , 22(1) or 23(2) or a direction issued under section [20(5)] 20(8) or fails to comply
Act No. 44, 2008 NATIONAL ENVIRONMENT LAWS AMENDMENT ACT. 2008
with a condit ion of a permit , permiss ion, author izat ion or direct ion issued or granted under the said provis ions shall be guil ty of an offence and l iable on convict ion to a fine not exceeding R 1 0 0 000 or to impr i sonment for a per iod not exceeding 10 years or to both such fine and such impr i sonment , and to a fine not exceeding three t imes the commerc ia l value of any thing in respect of which the offence was commi t t ed . " .
A m e n d m e n t of section 1 of Act 107 of 1998, as a m e n d e d by sect ion 1 of Ac t 56 of 2002 , sect ion 1 of Act 46 of 2003 , section 1 of Act 8 of 2004 a n d sect ion 60 of Act 39 of 2004
3 . Section 1 of the National Environmenta l M a n a g e m e n t Act . 1998, is hereby a m e n d e d —
(a) by the deletion in subsection (1) of the definition of "specific envi ronmenta l management A c t s " ; and
(b) by the substitution in subsect ion (1) for the definition of "specific environmental managemen t A c t " of the fol lowing definition:
" 'specific environmental m a n a g e m e n t Act ' m e a n s — (a) the Envi ronment Conservat ion Act, 1989 (Act N o . 73 of 1989); (b) the National Water Act, 1998 (Act N o . 3 6 of 1998); (c) the Nat ional Environmenta l Managemen t : Protected Areas Act,
2003 (Act N o . 57 of 2003) ; (d) the National Environmenta l M a n a g e m e n t : Biodiversi ty Act, 2004
(Act No . 10 of 2004) ; or (e) the National Environmenta l M a n a g e m e n t : Ai r Quali ty Act, 2004
(Act No . 39 of 2004) , and includes any regulation or other subordinate legislation m a d e in terms of any of those A c t s ; " .
Insert ion of sect ion 31BA in Act 107 of 1998
4. The following section is hereby inserted in the Nat ional Envi ronmenta l M a n a g e m e n t Act . 1998. after section 31B:
"Designat ion of environmenta l m a n a g e m e n t inspectors by Minis ter of Water Affairs and Forestry
31BA. (1) The Minister of Water Affairs and Forestry m a y — (a) designate as an environmental m a n a g e m e n t inspector, any staff
member of— (i) the Depar tment of Water Affairs and Forestry; or
(ii) any other organ of state; and (b) at any time withdraw a designat ion made in terms of paragraph (a).
(2) A designat ion in terms of subsect ion ( l ) (a ) ( i i ) may only be made by agreement between the Minister of Water Affairs and Forestry and the relevant organ of s ta te ." .
Subst i tut ion of sect ion 31D of Act 107 of 1998, as inserted by sect ion 4 of Ac t 4 6 of 2003
5. The fol lowing section is hereby substi tuted for sect ion 3 1 D of the Nat ional Environmenta l Managemen t Act , 1998:
"Mandates
3 1 D . (1) When designat ing a person as an envi ronmenta l managemen t inspector, the Minister, the Minis ter of Water Affairs and Forestry or M E C , as the case may be, must , subject to subsect ion (2), de termine whether the person concerned is designated for the enforcement of— (a) this Act; (b) a specific environmental managemen t Act ; (c) specific provis ions of this Act or a specific environmental manage ­
ment Act:
Act No. 44, 2008 NATIONAL ENVIRONMENT LAWS AMENDMENT ACT, 2008
(d) this Act and all specific envi ronmenta l m a n a g e m e n t Ac ts : or (e) any combinat ion of those Acts or provis ions of those Acts .
(2) An M E C may designate a person as an envi ronmenta l managemen t inspector for the enforcement of only those provis ions of this Act or any specific environmental management A c t — (a) which are administered by the M E C or a provincial organ of state; or (b) in respect of which the M E C or a provincial organ of state exercises or
performs assigned or delegated powers or dut ies . (3) A person designated as an envi ronmenta l m a n a g e m e n t inspector may
exercise any of the powers given to envi ronmenta l managemen t inspectors in terms of this Act that are necessary for the inspec tor ' s manda te in terms of subsection (1) and that may be specified by the Minister, the Minis ter of Water Affairs and Forestry or M E C by notice in writing to the inspector. '".
A m e n d m e n t of sect ion 31H of Ac t 107 of 1998, as inserted by sect ion 4 of Ac t 46 of 2003
6. Section 31H of the National Environmenta l M a n a g e m e n t Act, 1998, is hereby amended by the substitution for subsect ion (5) of the fol lowing subsect ion:
" (5 ) In addition to the powers set out in this Part, an envi ronmenta l managemen t inspector must be regarded as being a peace officer and may exercise all the powers assigned to a peace officer, or to a police official w h o is not a commiss ioned officer, in terms of Chapters 2, 5, 7 and 8 of the Criminal Procedure Act , 1977 (Act N o . 51 of 1977)— (a) to comply with his or her mandate in te rms of section 31D; and (b) within the area of jurisdiction for which he or she has been des igna ted . " .
A m e n d m e n t of sect ion 31N of Act 107 of 1998, as inserted by sect ion 4 of Act 4 6 of 2003
7. Section 31N of the National Environmenta l M a n a g e m e n t Act, 1998, is hereby amended by the addition of the following subsect ion:
" (3 ) A person convicted of an offence in terms of subsect ion (1) is liable to a fine not exceeding five million rand or to impr i sonment for a period not exceeding 10 years or to both such fine and such impr i sonmen t . " .
Subst i tut ion of Schedule 1 to Act 39 of 2004
8. The following Schedule is hereby substi tuted for Schedule 1 to the National Environmenta l Managemen t : Air Qual i ty Act, 2004 (Act N o . 39 of 2004) :
Act No. 44, 2008 NATIONAL ENVIRONMENT LAWS AMENDMENT ACT, 2008
No. and year (if Act Short title Extent of repeal
Act No. 45 of 1965 Atmospheric Pollution Prevention Act, 1965
The whole
Act No. 17 of 1973 Atmospheric Pollution Prevention Amendment Act. 1973
The whole
Act No. 21 of 1981 Atmospheric Pollution Prevention Amendment Act. 1981
The whole
Act No. 15 of 1985 Atmospheric Pollution Prevention Amendment Act, 1985
The whole".
Short title and c o m m e n c e m e n t
9. This Act is called the National Envi ronment Laws A m e n d m e n t Act, 2008 , and takes effect on a date determined by the Minis ter of Envi ronmenta l Affairs and Tourism by notice in the Gazette.
S C H E D U L E 1
(Section 60)
Legis lat ion repealed