National Environmental Management Act Second Amendment Bill

1
National Environmental Management ActSecond
Amendment Bill

• BACKGROUND NOTES ON RATIONALE AND IMPORTANT
  CHANGES
• FEBRUARY 2004

2
Introduction

• NEMA was introduced in 1998
• Provides a broad framework for environmental
  management
• ECA 1989 provided for specific measures regarding
  environmental protection
• In 1997 regulations passed requiring EIAs for
  listed activities
• These regulations have been implemented for 6
  years now
• Section 50 repeals EIA provisions of ECA
• NEMA needs amendment to enable effective
  implementation

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Rationale for amending NEMA

• To facilitate effective implementation
• To remove ambiguity
• To provide clarity in terms of process
• environmental assessment practitioner
• To provide for other IEM tools
• To replace ECA provisions

4
What is new?

• Definitions expanded to include
• competent authority
• environmental authorization
• Shift focus from all activities to
• listed activities
• Identify geographical areas where
• specified activities may not commence
• specified activities could be excluded from
• authorization

5
What is new? (cont)

• Regulations to provide for
• application fees to be charged and recovery of
  costs for specialists
• review
• financial security to be requested
• registered environmental assessment
• practitioner to perform EIA
• register of applications to be kept
• offences and penalties
• minimum report content

6
What is new? (cont)

• Provision for
• delisting of activities areas 24B
• minimum conditions for environmental
  authorizations 24E
• offences and penalties 24F
• emergency incidents
• handling of illegal activities 24G
• will apply for 6 months for ECA contraventions
• will apply without time restriction for NEMA
  contraventions
• registration authorities to be appointed 24H
• specialist reviewers to be appointed 24I

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What is new? (cont)

• Appeals 43
• prescribed fee
• can appoint appeal panel
• Parliamentary procedure for regulations
  streamlined 47
• Transitional provisions50
• Applications under ECA to continue
• Minister to ID activities that will remain until
  MECs publish own lists

8
Small corrections

• Section 24(4) could be contained in regulations
• Section 24(8) editorial amendment (if)
• Section 24F(1) editorial amendment delete or
  (c)

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Thank you