National Environmental Management Laws Amendment Act 14 of 2013

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14 of 2013

The National Environmental Management Laws Amendment Act 14 of 2013 aims:

  • to amend the-
    • National Environmental Management: Biodiversity Act, 2004, so as:
      • to amend certain definitions and to define certain words and expressions;
      • to revise the objectives of the Act to emphasise the need to protect the ecosystem as a whole, including species which are not targeted for exploitation;
      • to revise the purpose of Chapter 4 to provide for the regulation of threatened and indigenous species to ensure that the utilisation of these species are done in an ecologically sustainable manner;
      • to effect certain textual amendments to the provisions on protection of species;
      • to address some of the regulatory gaps within the permitting system;
      • to facilitate the implementation of self-administration;
      • to extend the functions of the scientific authority to include assisting with species to which an international agreement regulating international trade applies;
      • to revise the purpose and application of Chapter 6;
      • to insert a provision to allow for the domestic or subsistence use of indigenous biological resources;
      • to repeal the appeal provisions;
      • to provide for circumstances under which a permit application or permit may be deferred, refused, cancelled or suspended; 
      • to extend the powers of the Minister to make regulations;
      • to add offences and penalties; and
      • to provide for the Minister to declare amnesty in certain circumstances;
    • National Environmental Management: Air Quality Act, 2004, so as to align the penalties with other specific environmental management Acts;
    • National Environmental Management: Waste Act, 2008, so as to provide for textual amendment to the definition of waste;
    • National Environment Management Laws Amendment Act, 2008, so as to correct an incorrect citation; and
    • National Environmental Management: Protected Areas Amendment Act, 2009, so as to correct an incorrect citation,
  •     and to provide for matters connected therewith.

Commencement

24 July 2013

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