Minister of Water and Environmental Affairs, Ms Edna Molewa on 19 March 2012 published for public comment under the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008) the proposed National Regulations for Site Assessments and Reports 2012 in Notice 234 of 2012, Gazette No. 35161.
The purpose of these regulations is to regulate the site assessment report and regulate the person(s) who may conduct such assessments as contemplated in section 37 of the Waste Act. The proposed national regulations state that the site assessment report must consider all ecological, social and economic aspects and must contain amongst others a detailed site description, the site history, the land use type or restriction and any potential effects of contaminants on human health, the environment, or any other structures and property.
With regard to the regulations guiding the person conducting the site assessment, the proposed national regulations state that a site assessment must be conducted by an independent and suitably qualified person(s) who must undertake a public participation process including at least one public meeting and an advertisement in local media.
After having complied with all the provisions, the owner of the site must submit all supporting documents including amongst others the site assessment report, the notice and details of the public participation process undertaken and the minutes and attendance register of public participation meetings to the Minister or Member of Executive Council (MEC) within 14 days of receiving notification to conduct a site assessment.
In considering the site assessment report, the Minister or MEC must within 30 days of acknowledging receipt of the report, advise the owner of the site in writing, of any further information required which should be submitted within a specified timeframe.
Failure to comply with the regulations would result in an offence and the person(s) would be liable on conviction to imprisonment for a period not exceeding 15 years, or to an appropriate fine or both such fine and imprisonment.
Interested and affected parties are invited to submit written comments to the Minister within 60 days of publication of the notice in the Gazette. Comments received after 60 days may not be considered. Written comments or inputs can be delivered by hand, mail, and e-mail or telefax transmission.
By post to:
The Director-General: Environmental Affairs
Attention: Mrs Khashiwe Masinga
Private Bag X447
Pretoria, 0001
By fax to: (012) 322 5515
By telephone: (012) 310 3357
By e-mail to kmasinga@environment.gov.za
Hand delivered at: 315 Pretorius Street, corner Pretorius and Van Der Walt streets, Fedsure Forum Building, 2nd Floor, North Tower.
To access the gazette notice, click on the link below
http://www.environment.gov.za//PolLeg/Legislation/2012Mar20/nemwa_siteassessment_regulations.pdf
Enquiries:
Albi Modise on
Cell: 083 490 2871 or
Roopa Singh on
Cell: 082 225 3076
Minister of Water and Environmental Affairs invites public comments on the proposed National Regulations for Site Assessments and Reports
