Edna Molewa, the Minister of Water and Environmental Affairs published the National Environmental Management Laws Amendment (NEMLA) Bill, 2011 for public comment on 26 August 2011 in Government Gazette No. 34558, General Notice No. 586.
The NEMLA Bill, 2011 proposes amendments to certain provisions under the National Environmental Management Act (NEMA), National Environmental Management Biodiversity Act (NEMBA) and the National Environmental Management Air Quality Act (NEMAQA).
The primary objective of the Bill is to close the regulatory gaps identified during the implementation of NEMA, NEMBA and NEMAQA. The amendments are intended to improve environmental management and service delivery.
Some of the proposed amendments to NEMA include an amendment to provide the mandate for the Minister to restrict or prohibit certain developments in certain geographical areas for a certain period of time on certain conditions, a proposed new section on preparation and publication of state of environment reports every four years by the National Department of Environmental Affairs (DEA) provinces and Metropolitan and District Municipalities; an increase of the section 24G administrative fine from R1 million to R5 million; exemption of a listed activity undertaken in emergency response situations from the payment of such fine, as well as to provide the environmental management inspectors (Green Scorpions) with additional powers to seize a vehicle, aircraft and any other transport mechanisms used in committing an offence.
Proposed amendments to NEMBA are amongst others to clarify the Minister’s regulatory powers pertaining to the sustainable use of threatened or protected species, to provide for flexibility in the exercise of the Minister’s powers relating to aliens and listed invasive species, to provide the Minister with regulatory powers on bio traders involved in the exploitation of our indigenous natural resources for commercial use, to allow DEA to keep all money arising from bio prospecting agreements in a separate fund for the benefit of communities and to provide for heavy penalties against offenders involved in bio prospecting of indigenous natural resources without the necessary permit under the Act.
Under NEMAQA it is proposed that penalties and offences for contravening regulations under the Act are in line with other specific environmental management Acts.
Members of the public are invited to submit written comments to the Minister within 30 days of publication of the notice in the Gazette to:
Post to:
The Director-General: Environmental Affairs
Attention: Mr Milton Ntwana
Private Bag X447
Pretoria, 0001
Fax to: 012 320 7561
E-mail to: mntwana@environment.gov.za
Hand delivery: 315 Pretorius Street, corner Pretorius and Van Der Walt streets, Fedsure Forum Building, 2nd Floor, North Tower.
Any inquiries related to the NEMLA Bill, 2011 can be directed to:
Sibusiso Shabalala
Tel: 012 310 3449
Note that comments received later than 16h00 on 26 September 2011 may not be considered.
Enquiries:
Albi Modise
Cell: 083 490 2871
Moses Rannditsheni
Cell: 082 448 2450
