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National Environmental Management Laws Amendment Bill, 2011: For Public Comment

31st August 2011

By: Creamer Media Reporter


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CCI wishes to draw your attention to the following notice:

The Minister of Water and Environmental Affairs has published the National Environmental Management Laws Amendment Bill 2011, for public comment.


Members of the public are invited to submit to the Minister, written comments within 30 days of the publication of the notice in the Government Gazette (i.e. 26 September 2011).

The Bill makes provision for the amendment of inter alia the following Acts –


• National Environmental Management Act, 107 of 1998, to:

- Revise and insert certain definitions;
- Revise the timeframes on the preparation of environmental implementation plans and environmental management plans;
- Provide for the process and procedure for submitting state of the environment reports;
- Provide for the Minister or MEC to develop norms or standards for sensitive environmental areas;
- Provide for the Minister to restrict or prohibit development in certain sensitive environmental areas;
- Provide clarity on Environmental Impact Assessment applications that the Department must consider;
- Align the National Environmental Management: Waste Act, 59 of 2008 with the section 24F offences under NEMA and to increase section 24G administrative fine and to exclude the payment of section 24G administrative fine for certain persons;
- Provide for no exemptions from the requirements to obtain an environmental authorisation;
- Adjust the provisions relating to the duty of care and remediation of environmental damage;
- Provide for textual amendments to the powers of the EMIs;
- Insert a provision to regulate products having a detrimental effect on the environment;
- Add provisions regarding the delivery of documents;
- Revise the provision on State criminal liability;
- Provide for authorised staff members the right to enter private property for certain purposes.

• National Environmental Management: Biodiversity Act, 10 of 2004, to:

- Insert and revise certain definitions;
- Provide for textual amendments to the provisions on protection of species;
- Revise the purpose and application of Chapter 6;
- Repeal the appeal provisions and add offences and penalties.

• National Environmental Management: Air Quality Act, 39 of 2004, to:

- Align the penalties with other specific environmental management Acts.

Notice No: 586 GG: 34558 Date: 26/08/2011

A copy of the abovementioned notice can be viewed on Cameron Cross' website.


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