National Environmental Management Laws Amendment Act 25 of 2014

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25 of 2014

The National Environmental Management Laws Amendment Act 25 of 2014 intends to amend the:

  • National Environmental Management Act, 1998, so as
    • to amend certain definitions and to define certain words and expressions;
    • to provide for the review of environmental management instruments;
    • to provide for minimum information requirements to be included under environmental management instruments;
    • to provide for the Minister responsible for mineral resources to be the competent authority for environmental matters in so far as they relate to prospecting, exploration, mining or production of mineral and petroleum resources;
    • to empower the Minister to take an environmental decision in so far as it relates to prospecting, exploration, mining or production instead of the Minister responsible for mineral resources under certain circumstances;
    • to clarify the provisions relating to integrated environmental authorisations;
    • to strengthen the financial provisions in the Act;
    • to provide for consultation with State Departments;
    • to provide for the management of residue stockpiles and residue deposits;
    • to empower the Director-General of the Department responsible for mineral resources to issue section 28 directives in so far as they relate to prospecting, exploration, mining or production;
    • to empower the Minister responsible for mineral resources to designate environmental mineral resource inspectors within the Department responsible for mineral resources for compliance monitoring and enforcement of provisions in so far as they relate to prospecting, exploration, mining or production;
    • to provide the Minister with the power to direct environmental management inspectors to perform compliance monitoring and enforcement duties instead of mineral resource inspectors under certain circumstances;
    • to empower the provincial head of department to delegate a function entrusted to him or her under this Act;
    • to provide for the suspension of a decision on receipt of an appeal;
    • to provide for appeals against directives;
    • to further provide for the power of the Minister to make regulations;
    • to provide for consultation in the event that an Act of Parliament or regulations are amended that impact on the Agreement;
    • to provide for the criteria for condonation applications in the case of appeals that relates to prospecting, exploration, mining or production;
  • National Environmental Management: Waste Act, 2008, so as
    • to insert certain definitions;
    • to empower the Minister to prohibit or restrict waste management activities in specified geographical areas;
    • to empower the Minister responsible for mineral resources to be the licensing authority to issue waste management licences in so far as it relates to prospecting, exploration, mining or production activities of mineral and petroleum resources;
    • to empower the Minister responsible for mineral resources to delegate a function entrusted to him or her under this Act;
  • National Environmental Management Amendment Act, 2008, so as
    • to provide for transitional arrangements;
    • to amend the commencement provisions; and
    • to delete certain obsolete provisions; and
  • to provide for matters connected therewith.

Commencement

2 September 2014 (three months from the date of publication)

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