National Environmental Management Act Second Amendment Bill

1
National Environmental Management ActSecond
Amendment Bill

• Wynand Fourie
• DEPARTMENT OF ENVIRONMENTAL AFFAIRS AND TOURISM

2
Overview

• Why the Bill
• Key issues
• What if Bill is not passed?

3
Why the Bill?

• NEMA was introduced in 1998
• Framework for environmental management
• ECA 1989 provided for environmental protection
• 1997 regs in terms of ECA required EIAs for
  listed activities
• EIAs have been implemented for 6 years
• Section 50 repeals EIA provisions of ECA
• NEMA needs amendment to enable effective
  implementation
• Shift focus from process to management of impacts

4
Key issues

• Streamline EIA process
• Registration of environmental assessment
  practitioners
• Appeals
• Provides for appeal panel
• Focus on listed activities
• No EIAs for unlisted activities as this is
  impractical
• EIAs for existing activities in exceptional cases

5
Key issues (continued)

• Socio-economic cultural heritage
• Included in definition of environment already
• Cost recovery
• Distinction between admin fee and review fee
• Delegation to municipalities
• Not provided for as not in accordance with
  Constitution
• Transitional arrangements

6
Costing

• Bill provides for existing functions to continue
• New functions
• Maintenance of register of applications
• Registration of practitioners
• Provision for cost recovery potential revenue

7
What if Bill is not passed?

• No new regulations, subsequently no provision for
  
• new IEM tools
• cost recovery
• security
• minimum report content
• No ID of activities within sensitive
• No ex post facto approvals
• No management of practitioners
• No provision for emergencies
• No offences or penalties