National Environmental Laws Amendment Act 14 of 2009

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14 of 2009

The National Environmental Laws Amendment Act 14 of 2009 aims:

  • to amend the-
    • Atmospheric Pollution Prevention Act, 1965, so as to adjust the penalties provided for in the said Act;
    • Environment Conservation Act, 1989, so as:
      • to adjust the penalties provided for in the said Act; and
      • to remove the need to publish directions in the Gazette;
    • National Environmental Management Act, 1998, so as:
      • to delete certain definitions;
      • to provide for the establishment of fora or advisory committees;
      • to make provision for increased powers of the courts;
      • to remove the requirement that Environmental Management Inspectors must carry notices of designation with them;
      • to extend the scope of routine inspections to the search of vehicles; and
      • to regulate the jurisdiction of magistrate's courts in instances where the maximum fines have been increased;
    • National Environmental Management: Protected Areas Act, 2003, so as:
      • to provide for increased measures of control over escaped animals; and
      • to adjust the penalties provided for in the said Act;
    • National Environmental Management: Biodiversity Act, 2004, so as:
      • to provide for general surveillance monitoring;
      • to provide further considerations for a biodiversity management plan;
      • to provide that an environment impact assessment must be obtained when genetically modified organisms are involved;
      • to introduce 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; and
      • to effect certain textual alterations;
    • National Environmental Management: Air Quality Act, 2004, so as:
      • to provide 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;
  •  and to provide for matters connected therewith.



Amended by National Environmental Management Laws Amendment Act 14 of 2013

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