Draft National Environmental Management Laws Amendment Bill

29th May 2008

To provide for in the National Environment Management Act, 1998 and in specific environmental management Acts for the jurisdiction of the magistrate's court in the instances where the maximum fines have been increased and are higher than that of the usual jurisdiction of these courts; to insert certain definitions; to provide for the establishment of fora or advisory committees; to provide for a directive to a person who has admitted to committing an offence; for the retrospective application for the provisions dealing with pollution and degradation of the environment; to allow for the Minister or the MEC to issue a directive in the event that a person admitted to an offence; to make provision or increased powers of the courts; to remove the requirement that Environmental Management Inspectors must carry the notices of designation and the right to conduct routine inspections and to search vehicles; to remove the need in the Environment Conservation Act, 1989 to publish directives in the Gazetfe; to provide in the National Environment Management Act: Protected Area Act, 2003 for a comprehensive list in the Schedule to the Act of all national parks; to provide for the assignment of national parks, special national parks and heritage sites to the South African National Parks; to make provision for flight corridors and permission of the management authority to fly over a special national park, national park or heritage site; to provide for specific areas to be available for training and testing of aircraft; to provide for increased measures of control over escaped animals; to provide for the winding-up and dissolution of the South African National Parks; to provide for in the National Environment Management Act: Air Quality Act, 2004 for a processing fee to review a licence and to include directors or senior managers in a juristic person for the criteria for a fit and proper person; to provide for in the National Environment Management Act: Biodiversity Act, 2000 for general surveillance monitoring; further considerations for a biodiversity management plan; that an environment impact assessment must be obtained when genetically modified organisms are involved; to introduce a notification requirements in the discovery phase of a bioprospecting project; to take into consideration knowledge of specific individuals when issuing specific bioprospecting permits; to allow the Director-General or a trustee to manage the Bioprospecting Fund; to allow for the renewal or amendment of a permit; to amend the regulations to allow for hunting; to effect certain textual alterations; and to provide for matters connected therewith.