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Edna Molewa, the Minister of Water and Environmental Affairs published the National Environmental Management Laws Amendment (NEMLA) Bill, 2011 for public comment on 26 August 2011 in Government Gazette No. 34558, General Notice No. 586.
The NEMLA Bill, 2011 proposes amendments to certain provisions under the National Environmental Management Act (NEMA), National Environmental Management Biodiversity Act (NEMBA) and the National Environmental Management Air Quality Act (NEMAQA).
The primary objective of the Bill is to close the regulatory gaps identified during the implementation of NEMA, NEMBA and NEMAQA. The amendments are intended to improve environmental management and service delivery.
Some of the proposed amendments to NEMA include an amendment to provide the mandate for the Minister to restrict or prohibit certain developments in certain geographical areas for a certain period of time on certain conditions, a proposed new section on preparation and publication of state of environment reports every four years by the National Department of Environmental Affairs (DEA) Provinces and Metropolitan and District Municipalities; an increase of the section 24G administrative fine from R 1 million to R 5 million; exemption of a listed activity undertaken in emergency response situations from the payment of such fine, as well as to provide the environmental management inspectors (Green Scorpions) with additional powers to seize a vehicle, aircraft and any other transport mechanisms used in committing an offence.
Proposed amendments to NEMBA are amongst others to clarify the Minister’s regulatory powers pertaining to the sustainable use of threatened or protected species, to provide for flexibility in the exercise of the Minister’s powers relating to aliens and listed invasive species, to provide the Minister with regulatory powers on biotraders involved in the exploitation of our indigenous natural resources for commercial use, to allow DEA to keep all money arising from bioprospecting agreements in a separate fund for the benefit of communities and to provide for heavy penalties against offenders involved in bioprospecting of indigenous natural resources without the necessary permit under the Act.
Under NEMAQA it is proposed that penalties and offences for contravening regulations under the Act are in line with other specific environmental management Acts.
Members of the public are invited to submit written comments to the Minister within 30 days of publication of the notice in the Gazette to
By post to: The Director-General: Environmental Affairs
Attention: Mr Milton Ntwana
Private Bag X447
Pretoria, 0001
By fax to: (012) 320 7561
By email to: mntwana@environment.gov.za <mailto:mntwana@environment.gov.za>

Hand delivery : 315 Pretorius Street, corner Pretorius and Van Der Walt streets, Fedsure Forum Building, 2nd Floor, North Tower.


Any inquiries related to the the NEMLA Bill, 2011 can be directed to Mr. Sibusiso Shabalala at (012) 310 3449.