Legal Update Bulletin

National Environmental Management Laws Amendment Bill B13 of 2012

Fri, 18 May 2012 12:55:00 GMT

Further to Newsflash 29/2011 of 10 September 2011, please take note that on 4 May 2012 the Minister of Water and Environmental Affairs published the National Environmental Management Laws Amendment Bill, B13 0f 2012.

The full document can be accessed on our website http://www.implex.co.za/nem-la

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The objectives of the proposed amendments is to:

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Amend the National Environmental Management Act, 1998, so as to amend certain definitions;

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Adjust the timeframes for the preparation of environmental implementation plans and environmental management plans;

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Provide for the process and procedure for submitting environment outlook reports;

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Empower the Minister or MEC to develop norms or standards for listed activities and non-listed activities;

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Empower the Minister to restrict or prohibit development in specified geographical areas;

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Empower the Minister to take a decision in place of the MEC under certain circumstances;

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Provide legal clarity on the applicability of section 24G to the unlawful commencement of a waste management activity under the National Environmental Management: Waste Act, 2008;

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Increase the section 24G administrative fines and to exclude payment of section 24G administrative fines for certain persons; to provide for no exemptions from the requirements to obtain an environmental authorisation;

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Adjust the provisions relating to the duty of care and remediation of environmental damage;

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Provide for textual amendments to the provisions on the powers of environmental management inspectors; to insert a provision to regulate products having a detrimental effect on the environment;

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Add provisions regarding the delivery of documents; to provide that the Act binds the State without any exception;

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Correct certain obsolete provisions;

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National Environmental Management: Biodiversity Act, 2004, so as to amend certain definitions;

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Effect certain textual amendments to the provisions on protection of species; to revise the purpose and application of Chapter 6;

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Revise the provisions in respect of the Bioprospecting Fund;

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Repeal the appeal provisions;

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Add offences and penalties;

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Empower the Minister to declare amnesty in certain circumstances;

o	National Environmental Management: Air Quality Act, 2004, so as to align the penalties with other specific environmental management Acts;
o	National Environment Management Laws Amendment Act, 2008, so as to correct an incorrect citation; and
o	National Environmental Management: Protected Areas Act, 2009, so as to correct an incorrect citation, and to provide for matters connected therewith.

Take note that Implex will be hosting an In-depth Environmental Law workshop during the week of 4 – 8 June 2012 where we will dedicate time on the implications of the National Environment Management Laws Amendment Bill; including a discussion on the way forward. Seats are limited, so contact Amelia Steyn without delay for more information on registration at amelia@implex.co.za <mailto:amelia@implex.co.za>

We trust that this information will serve to be of assistance and that you will not hesitate to contact our offices should you require any further assistance herein.

We look forward to your positive feedback!

Best regards,
Lucinda

Memorandum on the objects of the National Environmental Management Laws Amendment Bill, 2012

Fri, 18 May 2012 13:37:00 GMT

Further to Newsflash 7 of 2012, we enclose herewith for your ease of reference the Memorandum on the Objects of the National Environmental Management Laws Amendment Bill, 2012 issued by the Minister of Water and Environmental Affairs.

MEMORANDUM ON THE OBJECTS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT LAWS AMENDMENT BILL, 2012

1. Purpose of Bill

The purpose of the Bill is to amend certain provisions under the National Environmental Management Act, 1998 (Act No. 107 of 1998), the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004), the National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004), the National Environment Management Laws Amendment Act, 2009 (Act No. 14 of 2009), and the National Environment Management Laws Amendment Act, 2009 (Act No. 15 of 2009).

2. Background

2.1 The National Environmental Management Act, 1998, is the environmental framework legislation which provides for environmental management. Other specific environmental management Acts were promulgated to deal with specific mediums of the environment, namely the National Environmental Management: Protected Areas Act, 2003, the National Environmental Management: Biodiversity Act, 2004, the National Environmental Management: Air Quality Act, 2004, the National Environmental Management: Integrated Coastal Management Act, 2008, and the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008).

2.2 The Bill proposes amendments to certain provisions under the National Environmental Management Act, 1998, the National Environmental Management: Biodiversity Act, 2004, and the National Environmental Management: Air Quality Act, 2004. Most of the amendments were identified through the implementation of the legislation and some originated from the Department of Cooperative Governance process of identifying legislation that hampers service delivery.

3. Objects of Bill

3.1. National Environmental Management Act, 1998 (the NEMA)

Clause 1: Amendment of section 1

This amendment seeks to revise certain definitions to provide clarity and to remove any ambiguity in the Act.

Clause 2: Amendment of section 11

The current provisions of section 11 are not aligned with the term of office of the new government. The misalignment does not afford the elected government with a legal mandate to implement its priorities.

This amendment will change the timeframes for the preparation of environmental implementation plans and environmental management plans from four years to five years.

Clause 3: Insertion of section 16A

This amendment inserts a new section requiring the national department responsible for environmental affairs and provincial departments responsible for environmental affairs to prepare and publish environment outlook reports, within four years of the coming into operation of the Amendment Act and at intervals of not more than four years thereafter. Metropolitan and district municipalities are given a choice whether or not to prepare and publish environmental outlook reports. Not all provinces are currently producing the environment outlook reports. This new section will ensure uniformity. The environment outlook reports prepared by the provinces and municipalities will be prepared and published a year before the environmental implementation plans and environmental management plans in order to ensure that they feed into the national environment outlook report as well as environmental implementation plans and environmental management plans. The amendment further requires the Minister responsible for environmental affairs to publish in the Gazette the procedure to be followed to compile the report, the format of the report and the content of the report. These reports provide information that could and should be used in planning and decision-making processes.

Clause 4: Amendment of section 24

This amendment will change the heading of section 24.

The current provisions of section 24 do not allow the Minister to conserve and manage those areas of the environment requiring further protection. This amendment will insert a new subsection which empowers the Minister to restrict or prohibit certain developments in certain geographical areas for a certain period of time on certain conditions.

In addition, this section does not allow the Minister or MEC to develop norms or standards for non-listed activities. This amendment will further provide for the Minister or MEC, with the concurrence of the Minister, to develop norms or standards for non-listed activities, sectors or geographical areas.

Clause 5: Amendment of section 24C

There are differing views on the type of environmental impact assessment applications that must be submitted to and processed by the National Department. In addition, the Department has also received requests for clarity regarding whether particular applications should be submitted to the Province or the National Department. The current provisions seem not to clearly indicate the type of applications that must be submitted to and processed by the National Department. This amendment will provide legal clarity on the environmental impact assessment applications that must be considered by the National Department.

The clause also seeks to add new subsections to section 24C. The additions propose that in instances where the MEC responsible for environmental affairs fails to take a decision within prescribed timeframes, an applicant for an environmental authorisation may approach the Minister to take the decision, after the Minister has consulted the MEC concerned.

Clause 6: Amendment of section 24E

This section deals with the minimum conditions that must be attached to the environmental authorisations. The current provisions only allow for the transfer of rights and obligations with respect to the environmental authorisation when there is a change of ownership in the property where the proposed development will be undertaken. Several requests have been submitted to the Department for the transfer of rights and obligations to each owner of the property with respect to the environmental authorisation without changing the ownership in the property.

This amendment will ensure that an environmental authorisation provides for the transfer of rights and obligations, even when there is no change in ownership in the property.

Clause 7: Amendment of section 24F

Section 24(10) allows for the development of norms or standards for listed and non-listed activities. However, the current provisions do not make it an offence for any person contravening any of these norms or standards.

This amendment will make it an offence for any person who fails to comply with any applicable norm or standard developed in terms of section 24(10). This offence will also include non-compliance with a norm or standard developed for non-listed activities, sectors or geographical areas.

Clause 8: Amendment of section 24G

The Department has received requests regarding the applicability of section 24G to the unlawful commencement of the waste management activity under the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008). This amendment will provide legal clarity on the applicability of section 24G to the unlawful commencement of the waste management activity under the National Environmental Management: Waste Act, 2008.

The Department has also observed the trends of companies budgeting for the section 24G administrative fine and then commence with an activity without the environmental authorisation. The amendment will also increase the section 24G administrative fine from R1 million rand to R5 million rand.

Furthermore, the Department of Cooperative Affairs requested the Department to provide for the exemption from the payment of the section 24G administrative fine for persons undertaking a listed activity in emergency response situations. The current provisions do not allow the competent authority to consider a section 24G application before the payment of the administrative fine. This amendment will provide for an exemption from section 24G administrative fine for a person undertaking a listed activity without an environmental authorisation in emergency response situations.

Clause 9: Amendment of section 24M

There seems to be the perception amongst the regulated community that they can always apply for exemption from undertaking environmental impact assessments on certain developments. This amendment will insert a new subsection reaffirming that no exemptions may be granted from the requirements to obtain an environmental authorisation when intending to undertake a listed activity in terms of section 24 of the NEMA.

Clause 10: Amendment of section 24O

The Department from time to time develops and adopts guidelines and environmental management instruments with respect to environmental impact management. Thereafter, the adopted environmental management instruments are relied upon when decisions are made with respect to an application for an environmental authorisation. This amendment will allow the competent authority to take into account any adopted environmental management instruments when considering an application for an environmental authorisation.

Clause 11: Amendment of section 28

The environmental management inspectors are currently experiencing challenges when issuing the section 28 directive. These challenges are due to the difficulty in implementing the duty of care requirement before the issuing of the directive.

The amendment will de-link the duty of care requirement that the directive must comply with before being issued. This amendment will allow for easier implementation of the section 28 directive by the Director-General responsible for environmental affairs, the provincial head of the Department responsible for environmental affairs and the administrative heads of relevant organs of state.

Clause 12: Insertion of section 28A

The amendment will make it an offence for any person who does not comply with a section 28 directive and will also increase the fine imposed against such non-compliance from R1 million to R5 million for first offenders and R10 million for second and subsequent offenders. This amendment will further ensure that a person causing detriment or degradation to the environment is criminally liable for his or her actions and can be fined up to R5 million for first offenders and R10 million for second and subsequent offenders.

This amendment will separate the criminal liability from the section 28 directive administrative requirements. The increase in penalties will ensure that the penalties are in line with the penalties imposed in terms of other specific environmental management Acts.

Clause 13: Amendment of section 30

There seems to be confusion amongst members of the public on whether it is an offence for any person not to comply with a directive issued in terms of section 30(6) of the NEMA. This amendment will clarify that it is an offence for any person that does not comply with a directive issued in terms of section 30(6) of the NEMA. The amendment will also increase the fine imposed against non-compliance with a section 30(6) directive from R1 million to R5 million for first offenders and R10 million for second and subsequent offenders.

The increase in penalties will ensure that the penalties are in line with the penalties imposed in terms of other specific environmental management Acts.

Clause 14: Amendment of section 31J

This amendment will make it possible for other mechanisms of transport to be searched apart from those already mentioned section 31J(1)(a).

Section 31J(2) currently makes provision that everything in a vehicle, vessel, aircraft, pack-animal or any other mechanism of transport that may be used as evidence in a prosecution, may be seized, but not the vehicle, vessel, aircraft, pack-animal or other mechanism of transport itself. The amendment makes it possible to seize the vehicle, vessel, aircraft, pack-animal or other mechanism of transport, and the grounds on which it may be seized have been expanded.

Clause 15: Amendment of section 44

This amendment will provide the Minister with a legal mandate to develop regulations to control products that may have a detrimental effect on the environment. The amendment will further require the Minister to publish those regulations after consultation with the Minister responsible for trade and industry.

Clause 16: Amendment of section 47

This amendment will require the Department to submit Environmental Impact Assessment Regulations to Parliament before final publication in the Gazette for information. The amendment is merely to clarify the interpretation of subsection (3).

Clause 17: Amendment of section 47D

The current provisions of section 47D only cater for two methods of delivering documents, namely hand delivery or registered mail. As a result, the section is not in line with current developments of business interactions. This amendment will allow for the use of other mechanisms of delivering documents under the NEMA or other specific environmental management Acts, namely by fax, e-mail or ordinary mail.

Clause 18: Amendment to section 48

This amendment seeks to reiterate that the NEMA is applicable to the State without exception.

Clause 19: General amendment

This is a general amendment necessitated by the name changes in the Ministries of Water Affairs and Forestry and Minerals and Energy. This amendment will update the Ministries’ name changes wherever they appear in the NEMA.

3.2. National Environmental Management: Biodiversity Act, 2004 (the NEM: BA)

Clause 20: Amendment of section 1 of Act 10 of 2004

Trade and export is integral to the process of bioprospecting. However, the biotrading industry always contests that they are not regulated by the NEM: BA because the biosprospecting activity of trade is not explicitly mentioned. The revision of the definition of ‘‘bioprospecting’’ and ‘‘commercialisation’’, as well as the inclusion of the definition of ‘‘commercial exploitation’’, will close a regulatory gap in regulating the biotrading industry.

The revision of the definition of ‘‘genetic resources’’ will give national effect to the obligations of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation to the Convention on Biological Diversity.

Clause 21: Amendment of section 51

One of the objectives of NEM: BA is to provide for the use of indigenous biological resources in a sustainable manner, and the purpose of Chapter 4 is to make provision for, amongst others, the protection of species listed as threatened or protected and to ‘‘ensure that the utilisation of biodiversity is managed in an ecologically sustainable way.’’ However, the current provisions of section 51 appear not to clearly set out such intentions.

This amendment will clarify that the intention of Chapter 4 is also to ensure that the threatened or protected species (TOPS) are sustainable utilised. The inclusion of the proposed amendment in the purpose of the Chapter 4 will clarify such intention.

Clause 22: Amendment of section 56

Species listed as protected do not face the threat of extinction in the wild due to utilisation. However, many species that are commercially utilised (i.e. on game farms) are not of ‘‘national importance’’ or ‘‘high conservation value’’, but the hunting of the species needs to be regulated to prevent over-utilisation, and translocation of the species also needs to be regulated to prevent hybridisation. In addition, species may be listed within the same category, because they have the same conservation status, but have attained that status for different reasons. Therefore, it is important to also regulate those species that are not of high conservation value in order to prevent the inclusion of such species in one of the threatened categories in future.

This amendment will provide the Minister with a legal mandate to regulate those species that are not of high conservation value in order to ensure that their utilisation in the ecosystem is sustainable.

Clause 23: Amendment of section 57

The current provisions of section 57 do not require a permit for species to which an international agreement regulating international trade applies. This amendment will ensure that permits are required for species to which an international agreement regulating international trade applies.

In addition, the current provisions of section 57(3) do not require that in transit shipments through the Republic of listed threatened or protected species are to be accompanied by the necessary documentation in line with the State party obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This amendment will also ensure that specimens in transit through the Republic are always accompanied by the necessary documentation.

Furthermore, the current provisions of section 57 do not allow the Minister to determine the conditions under which a person may be exempted from permit requirements with respect to the listed threatened or protected species. This amendment will allow the Minister to exempt any person from the permit requirements subject to certain conditions. The amendment will also provide the Minister with a legal mandate to categorise, in respect of the threatened or protected species, when publishing notices in terms of section 57(2) or 57(4).

Clause 24: Amendment of section 58

The amendment will correct the incorrect cross-reference to section 56(2) instead of section 57(2). This amendment will provide the Minister with a legal mandate to amend the notices published in terms of section 56(1), 57(2) or 57(4) of the NEM: BA.

Clause 25: Amendment of section 59

The NEM: BA does not contain any provisions requiring the registration of professional hunters, outfitters and trainers. This challenge manifest itself in the abuse of the permit process in that ruthless poachers pose as legal professional hunters and outfitters. This amendment will provide the Minister with a legal mandate to prescribe a system for the registration of professional hunters, outfitters and trainers in the hunting industry. This system can be utilised to monitor compliance of the professional hunters and outfitters through the professional bodies. The amendment is meant to address some of the regulatory gaps within the permitting system.

Clause 26: Amendment of section 60

The CITES require the country’s Scientific Authority to confirm that international trade in species, listed in the Appendices, will not be detrimental to the survival of the species in the wild. This international obligation had to be given effect through national legislation, of which the Threatened or Protected Species Regulations, 2007 (TOPS Regulations) were the first to be developed and implemented under the NEM: BA. Although, the composition of the country’s Scientific Authority is prescribed in the TOPS Regulations, the original intention with the establishment of the country Scientific Authority was to assist the Department in international trade of CITES-listed species.

This amendment will provide the scientific authority with a legal mandate in assisting the Department on the scientific work regarding the regulation of species to which an international agreement on international trade is applicable.

Clause 27: Amendment of section 61

The issuing of permits under the NEM: BA may be refused based on non-detriment findings. These decisions may affect the existing rights of persons. Therefore, it is important that the non-detriment findings should be subjected to a public participation process in order for members of the public to be informed about issues that might affect them. The power to publish a notice in the Gazette is vested in the Minister and therefore it is important for the non-detriment findings to be submitted to the Minister for processing.

This amendment will clarify that the legal mandate of the scientific authority is to make recommendations to the Minister on non-detrimental findings.

Clause 28: Amendment of section 62

The issuing of permits under the NEM: BA may be refused based on non-detriment findings. These decisions may affect the existing rights of persons. Therefore, it is important that the non-detriment findings should be subjected to a public participation process in order for the members of the public to be informed about issues that might affect them. The power to publish a notice in the Gazette is vested in the Minister and therefore it is important for the non-detriment findings to be submitted to the Minister for processing.

This amendment will provide the Minister with a legal mandate to publish the non-detrimental findings in the Gazette, upon recommendation from the scientific authority. The amendment will also broaden the scope of the non-detrimental findings to international agreement regulating international trade.

Clause 29: Insertion of section 62A

This is a proposed new section. The amendment will provide the Minister with a legal mandate to amend or repeal a notice published in terms of section 62(1) of the NEM: BA.

Clause 30: Amendment of section 63

This amendment is meant to ensure alignment with the proposed amendments to section 57 by requiring a public participation process. The amendment will require the Minister to follow a public participation process when amending or repealing an exemption notice in terms of section 57(4).

Clause 31: Amendment of section 66

In some situations, it may be necessary for the Minister to exempt a person from the requirement of a permit or risk assessment with respect to alien species. These types of exemptions depend on each case presented to the Department. However, the current provisions of section 66 do not allow the Minister to deal with exemptions.

This amendment will allow the Minister to exempt any person from the permit or risk assessment requirements with respect to alien species (section 65(1) and (2)). The amendment will also provide the Minister with a legal mandate to categorise according to persons, areas or species when publishing the exemption notice in the Gazette. This amendment will prevent the repeated carrying out of risk assessments for the same species for the same activity.

Clause 32: Amendment of section 70

The current provisions do not allow the Minister to categorise within the list of invasive species notice published in terms of section 70(1). The categorisation is important when it comes to implementation.

The amendment will provide the Minister or MEC for environmental affairs in a province with a legal mandate to categorise according to areas, persons or species when publishing the national or provincial list of invasive species.

Clause 33: Amendment of section 71

In some situations, it may be necessary for the Minister to exempt a person from the requirement of a permit or risk assessment with respect to listed invasive species. These types of exemptions depend on each case presented to the Department. However, the current provisions of section 77 do not allow the Minister to deal with such exemptions.

This amendment will provide the Minister with a legal mandate to exempt a person subject to certain conditions from permit and risks assessment requirements (section 71(1) or (2)). This amendment will also allow the Minister to categorise according to areas, persons or species when publishing the exemption notice in the Gazette.

Clause 34: Insertion of section 71A

This is a proposed new section. The current provisions in the NEM: BA do not allow the Minister to prevent the carrying out of certain restricted activities with respect to listed invasive species. The current challenge is that it is sometimes difficult to protect and conserve certain invasive species in certain areas of the country. This may be important for the survival of certain ecosystems.

This amendment will provide the Minister with a legal mandate to prohibit the carrying out of certain restricted activities involving certain listed invasive species. The amendment will also allow the Minister to categorise according to areas, persons or species when publishing the notice in the Gazette.

The amendment is meant to ensure alignment with the proposed amendments to sections 70, 71 and 71A by allowing the Minister and MEC to amend or repeal the notices. This amendment will provide the Minister with a legal mandate to amend or repeal any of the notices published in terms of sections 70(1)(a), 71(3), or 71A(1). The amendment will also provide the MEC with a legal mandate to amend or repeal the notice published in terms of section 70(1)(b). The amendment will ensure proper cross-referencing.

Clause 36: Amendment of section 79

The amendment is meant to ensure alignment with the proposed amendments to sections 71 and 71A by requiring the Minister to subject such notices to a public participation process before implementation. This amendment will require notices to exempt or prohibit invasive species to be published for public comments before final publication in the Gazette.

Clause 37: Amendment of section 80

The current provisions of section 80 are not reflecting some of the country’s international obligations with respect to the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation to the Convention on Biological Diversity. The Protocol requires the country to protect genetic and biological resources including genetic information when utilised for bioprospecting. This amendment will provide the Department with the legal mandate to ensure proper regulation of bioprospecting involving indigenous genetic and biological resources. The amendment will ensure the application of Chapter 6 to genetic resources.

In addition, the current provisions of Chapter 6 are not explicitly encouraging the sustainable use of indigenous plants, animals and associated traditional knowledge. The amendment will support socio-economic development where indigenous plants, animals and associated traditional knowledge is accessed and utilised for bioprospecting.

Clause 38: Amendment of section 85

The current Biosprospecting Trust Fund is managed in accordance with the legal requirements of the Public Finance Management Act, 1999. Therefore, the intention is to change the current Bioprospecting Trust Fund to become a Bioprospecting Fund. A trust fund requires a trust deed, trustees and also has additional financial implications. The intention of the Bioprospecting Fund is to keep all monies arising from bioprospecting agreements on behalf of communities. These moneys are paid to the communities after the finalisation of bioprospecting agreements. This amendment will allow changing the current provisions to allow the Department to keep all monies arising from bioprospecting agreements in a separate Bioprospecting Fund for the benefit of communities. The amendment will also allow communities with bank accounts to receive monies directly from the permit holder (bioprospector).

Clause 39: Amendment of section 86

The current provisions of section 86 do not allow the Minister to exempt a person using indigenous resources for domestic use or subsistence purposes. The implications are that traditional healers and traders of medicinal plants must obtain a bioprospecting permit before collecting, using or cultivating indigenous resources. This is against the purpose and intention of the NEM: BA of promoting sustainable utilisation of indigenous resources by communities. This amendment will provide the Minister with a legal mandate to exempt persons using indigenous biological resources for domestic use or subsistence purposes from the provisions of Chapter 6. This amendment will also provide the Minister with a legal mandate to exempt certain categories of commercial or industrial exploitation of indigenous biological resources from the provisions of sections 82 and 84 of the NEM: BA (Benefit-sharing and Material transfer agreements).

This amendment is meant to ensure alignment with the proposed amendments to section 57, which require permits for species to which an international agreement regulating international trade applies. The amendment will ensure that permits are required for species to which an international agreement regulating international trade applies.

Clause 41: Amendment of section 88

This amendment is meant to address some of the challenges to the permit system with respect to the hunting of listed threatened or protected species, alien species or listed invasive species. Currently the permit system is being abused by ruthless individuals or syndicates to obtain protected and vulnerable species. This amendment will provide the issuing authority with a legal mandate to defer a decision to issue a permit if the applicant is under investigation for contravening the NEM: BA in relation to a similar restricted activity. The decision will be deferred until such time that the investigation is finalised. The amendment will strengthen the implementation of legal requirements and administrative processes to limit the possible abuse of the permit system.

Clause 42: Substitution of section 93

This amendment is meant to address some of the challenges to the permit system with respect to the hunting of listed threatened or protected species, alien species or listed invasive species. Currently the permit system is being abused by ruthless individuals or syndicates to obtain protected and vulnerable species. The amendment will provide the issuing authority with a legal mandate to cancel a permit issued in terms of this Act if the permit holder is found guilty of committing an offence. The amendment will also allow the issuing authority to recover any reasonable costs, incurred and necessitated by the cancellation of the permit, from the permit holder. The amendment will strengthen the implementation of legal requirements and administrative processes to limit the possible abuse of the permit system.

Clause 43: Insertion of section 93B

This amendment is meant to address some of the challenges to the permit system with respect to the hunting of listed threatened or protected species, alien species or listed invasive species. Currently the permit system is being abused by ruthless individuals or syndicates to obtain protected and vulnerable species. This amendment will provide the issuing authority with a legal mandate to suspend a permit issued in terms of this Act if the suspension will assist in the sustainable use of the species or if the permit holder is under investigation for contravening any provisions of the Act or conditions of the permit. The amendment will also allow an issuing authority to recover any reasonable costs, incurred and necessitated by the suspension of the permit, from the permit holder. The amendment will strengthen the implementation of legal requirements and administrative processes to limit the possible abuse of the permit system.

Clauses 44, 45 and 46: Repeal of sections 94, 95 and 96

The current appeals provisions appear to be misaligned with the appeals provision in section 43 of the NEMA. The misalignment has caused some confusion amongst appellants with respect to the applicable provisions. These amendments will repeal the appeals provisions under the NEM: BA, and appeals under the NEM: BA will be processed in terms of section 43 of the NEMA. The amendments will ensure a single and aligned appeal process under section 43 of the NEMA for all appeals in terms of the NEMA or other specific environmental management Acts.

Clause 47: Amendment of section 97

The current provisions do not allow the Minister to develop regulations on programmes to address invasive species or systems to register certain organisations that may assist the Department in the implementation of the NEM: BA. The amendment will also provide the Minister with a legal mandate to develop regulations on self-administration within the wildlife industry, to control and eradicate invasive species, and to provide for a system for the registration of institutions, ranching operations, nurseries, captive breeding operations and other facilities. The amendment will also correct cross- referencing within the NEM: BA and repeal references to repealed appeal provisions.

Clause 48: Amendment of section 98

This amendment will delete references to repealed appeal provisions. The current provisions do not allow the Minister to specify different penalties for the different categories of species depending on their protection and vulnerability. Practically, the implementation is a challenge because the NEM: BA provides the species with different protection, therefore the penalties should also be aligned with the protection afforded to the species. The amendment will also provide the Minister with a legal mandate to differentiate between the penalties for the contravention of the different provisions in the regulations made in terms of section 97 of the NEM: BA.

Clause 49: Amendment of section 101

The current provisions do not make it an offence for any person engaging in bioprospecting discovery phase without proper notification to the Minister, and for any permit holders that allows someone to either contravene permit conditions or provisions of the NEM: BA. Therefore, the Department is not able to fully enforce the NEM: BA. This amendment will make it an offence for any person to engage in bioprospecting discovery phase without proper notification to the Minister as well as for any person to carry out a restricted activity, which has been prohibited, involving a listed invasive species. This amendment will further make it an offence for any person who is involved in an illegal restricted activity but who does not physically carry out the restricted activity. These amendments will ensure compliance by members of the public.

Clause 50: Amendment of section 102

Some of the large national and multinational industries are engaging in bioprospecting without the necessary permits, because some of the current penalties are not deterrent enough to promote a culture of compliance with the NEM: BA. This amendment will ensure that heavy penalties are imposed against large national and multinational industries found guilty of bioprospecting-related offences. The amendment will also ensure the imposition of a fine equivalent to the recovery costs associated with the control and eradication of invasive species.

Clause 51: Insertion of sections 105A and 105B

The current provisions of the NEM: BA does not allow the Minister to declare certain areas for intervention with respect to addressing the challenges posed by alien species or invasive species. There are situations where alien species or invasive species may be a threat to a particular ecosystem, and if no interventions are deployed to eradicate those species the ecosystem may be destroyed. The insertion of section 105A will provide the Minister with a legal mandate to declare an emergency intervention for the control or eradication of alien species or listed invasive species, if the Minister is satisfied that those species constitutes a significant threat to the environment. The proposed section

105A will ensure that our environment is conserved for future generations.

Many persons are in possession of provincial permits but have not yet applied for permits in terms of the NEM: BA. These persons may either not be aware of the NEM: BA, or simply do not comply with the NEM: BA, even though they have no intention of carrying out an illegal activity. The intention is to allow these persons to apply for permits, without the fear of being prosecuted for not having applied earlier. The insertion of section 105B will provide the Minister with a legal mandate to declare amnesty from prosecution for the purposes of facilitating compliance with the provisions of the NEM: BA.

3.3. National Environmental Management: Air Quality Act, 2004

Clause 52: Amendment of section 55 of Act 39 of 2004

The current section 55 is not in line with the penalties of other specific environmental management Acts. The intention is to ensure that the NEMA and other specific environmental management Acts are aligned in most issues. This amendment will adjust penalties that may be imposed in terms of any regulations developed under the Act. The amendment will ensure that penalties are in line with penalties imposed in terms of other specific environmental management Acts.

3.4. National Environment Management Laws Amendment Act, 2009

Clause 53: Amendment of short title of Act 14 of 2008

This amendment will rectify the incorrect citation of the National Environmental Management Laws Amendment Act, 2009 (Act No. 14 of 2008).

3.5. National Environment Management: Protected Areas Amendment Act, 2009

Clause 54: Amendment of short title of Act 15 of 2009

This amendment will rectify an incorrect section number in the National Environment Management Laws Amendment Act, 2009 (Act No. 15 of 2009).

4. DEPARTMENTS CONSULTED

The following national Departments were consulted:

• Agriculture;

• Forestry and Fisheries;

• Cooperative Governance and Traditional Affairs;

• Defence and Military Veterans;

• Energy;

• Health;

• Human Settlements;

• Labour;

• Mineral Resources;

• Rural Development and Land Reform;

• Trade and Industry;

• Transport; and

• Water Affairs.

These Departments are identified in schedules 1 and 2 to the NEMA as national Departments exercising functions which may affect the environment or that involve the management of the environment.

5. FINANCIAL IMPLICATIONS FOR STATE

A Regulatory Impact Assessment of the Bill, finalised in March 2012, identified areas where an additional personnel complement will be required in order for the National Department of Environmental Affairs to cope with the expansion of the already existing regulatory functions. The estimated additional cost to the National Department for the enforcement requirements, excluding seizure, as detailed in the Bill, is R2,4 million per annum [2011 cost base]. Using information provided, remedies have been put forward for dealing with the cost of seizure.

The estimated additional cost to the National Department for the bioprospecting requirements, as detailed in the Bill, is R9 million per annum [2011 cost base].

The Regulatory Impact Assessment Report would have benefited greatly from greater input from the Provinces. Although numerous attempts were made, using a number of different methods, to elicit this information, the results were disappointing. This in turn has affected the quality and value of the Report.

The average annual cost of producing the nine Provincial Environmental Outlook Reports is estimated at R8 058 789. The total cost of producing nine Provincial State of the Environment Reports is estimated at R32 235 156 over a four-year cycle. [The Report is required once every four years.]

6. PARLIAMENTARY PROCEDURE

6.1 The State Law Advisers and the Department of Environmental Affairs are of the opinion that this Bill must be dealt with in accordance with the procedure prescribed by section 76(1) or (2) of the Constitution since it falls within functional areas listed in Schedule 4 to the Constitution, namely ‘‘Environment’’ and ‘‘Nature Conservation’’.

6.2 The State Law Advisers are of the opinion that it is not necessary to refer this Bill to the National House of Traditional Leaders in terms of section 18(1)(a) of the Traditional Leadership and Governance Framework Act, 2003 (Act No.41 of 2003), since it does not contain provisions pertaining to customary law or customs of traditional communities.

--end memorandum--

Take note that Implex will be hosting an In-depth Environmental Law workshop during the week of 4 – 8 June 2012 where we will dedicate time on the implications of the National Environment Management Laws Amendment Bill; including a discussion on the way forward. Seats are limited, so contact Amelia Steyn without delay for more information on registration at amelia@implex.co.za <mailto:amelia@implex.co.za>

We trust that this information will serve to be of assistance and that you will not hesitate to contact our offices should you require any further assistance herein.

We look forward to your positive feedback!

Best regards,
Lucinda

TOBACCO PRODUCTS CONTROL ACT, ACT 83 OF 1993: DRAFT REGULATIONS RELATING TO SMOKING IN PUBLIC PLACES AND CERTAIN OUTDOOR PUBLIC PLACES

Wed, 04 Apr 2012 12:45:00 GMT

Dear Subscribers

Further to Newsflash 22/2009 dated 09/09/2009, please take note that the Minister of Health, intends to, in terms of section 2 and (4) of the Tobacco Products Control Act, 1993 (Act No. 83 of 1993), as amended, make the regulations as set out in the Schedule to the Notice.

This notice was published in Government Gazette 35198, under GNR.264 of 30 March 2012.

Interested persons were invited to submit any substantiated comments or representations on the proposed regulations to the Director-General of the Department of Health, Private Bag X828, Pretoria, 0001 (for the attention of the Director: Health Promotion), within three months of the date of publication of the notice.

The full document can be accessed on our website here

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We have for your ease of reference, included a copy of the Notice, and Schedule to it.

SCHEDULE
1. Definitions
In these regulations, 'the Act' means the Tobacco Products Control Act, 1993 (Act No. 83 of 1993), as amended, and any expression to which a meaning has been assigned in the Act shall bear such meaning and unless inconsistent with the context

"entrance"
means the point of access to a public place and includes any adjoining covered surrounding area;

"outdoor eating or drinking area"
means any outdoor area, including, but not limited to streets and sidewalks, which is available to or customarily used by the public or an employee, and which is designed, established, or regularly used for consuming food and I or beverages;

"outdoor event"
means an organised public gathering attended by people in an outdoor public place for purposes of musical, dance, theatre, drama, entertainment, education, sport, performance or a community fair, parade, market or event;

"playground"
means any part of a public area for use by children that has play or sports equipment installed or has been designated or landscaped for play or sports activities;

"reasonable distance"
means a distance that ensures that any person present in an area in which smoking is prohibited is not exposed to smoke created by any person smoking outside the area. This distance shall be a minimum of five (5) metres; (own emphasis for ease of reference)

"service area"
means any area designed to be or regularly used by one or more persons to receive or wait to receive a service, enter a public place, or make a transaction whether or not such service includes the exchange of money including, but not limited to ATMs, telephone kiosks, ticket lines, bus stops, railway platforms, and taxi ranks;

"service line"
means an outdoor queue in which one or more persons are waiting for or receiving service of any kind;

"ventilation inlet"
means the part of a mechanical ventilation system designed to allow air into the building;

"window"
means an operable window.

2. Prohibitions
(1) No person may smoke any tobacco product in any public place.
(2) No person may smoke any tobacco product in the following outdoor public places:
(a) Stadiums, arenas, sports facilities, playgrounds, zoos;
(b) Premises of schools, or child care facilities;
(c) Health facilities;
(d) Outdoor eating or drinking areas;
(e) Venues when outdoor events take place;
(f) Covered walkways and covered parking areas;
(g) Service areas and service lines; and
(h) Beaches where public bathing is permitted, not less than 50 metres away from the closest person near the demarcated swimming area.
(3) Notwithstanding the provisions of sub-regulation (2) a person in control of an outdoor public place may designate outdoor smoking areas subject to the provisions of regulation 4.
(4)
(a) No person shall smoke any tobacco product within a 10 metre distance from a window of, ventilation inlet of, doorway to or entrance into a public place.
(b) This prohibition does not apply to any person who is temporarily within the area while actively passing through such area.

3. Duties of the owner or person in control
(1) The owner of or person in control of a public place, or employer in respect of a workplace shall ensure that no person smokes in violation of the provisions of these regulations.
(2) The owner of or person in control of a public place, or employer in respect of a workplace shall ensure no ashtrays are placed within any area where smoking is prohibited.
(3) The owner of or person in control of a public place, or employer in respect of a workplace shall conspicuously display a "No Smoking" sign at each entrance and in appropriate locations and in sufficient numbers to ensure that employees and the public are aware that smoking is not permitted in the area or place.
(4) The sign referred to in subregulation (3) shall:
(a) have a white background and a graphic of a no smoking symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it and shall be at least 14 cm in diameter; and
(b) carry the warning: "ANY PERSON WHO FAILS TO COMPLY WITH THIS NOTICE SHALL BE PROSECUTED AND MAY BE LIABLE TO A FINE." written in black letters, at least 2 cm in height and 1 ,5 cm in breadth, on a
white background.

4. Designated outdoor smoking areas
(1) The owner or person in control of a public place or employer in respect of a workplace may designate part of an outdoor area of the premises as an area in which smoking is permitted.
(2) Smoking shall be permitted in that area only and in no other part of the public place.
(3) The owner or person in control of a public place or employer in respect of a workplace shall display a notice at the area stating that -
(a) The area is a designated outdoor smoking area; and
(b) No person under 18 years old may be present in the area;
(4) More than one designated outdoor smoking area may be permitted at the premises.
(5) The parts of an outdoor area of the premises that may be designated outdoor smoking areas shall be clearly demarcated.
(6) A designated outdoor smoking area shall-
(a) Not be adjacent to an entrance to the premises; and
(b) Be in a position that minimises smoke from the area entering any area where smoking is prohibited; and
(c) Be set aside exclusively as a smoking area; and
(d) Not be adjacent to walkways and other areas where persons generally congregate or walk.

5. Requirements for a designated outdoor smoking area
The owner or person in control of a public place or employer in respect of a workplace of premises at which there is a designated outdoor smoking area shall ensure that, in the designated outdoor smoking area-
(a) No person under the age of 18 years is present;
(b) No food or refreshment is served;
(c) No entertainment is provided;
(d) Ashtrays are installed and the area regularly cleaned; and
(e) Smokers are discouraged from remaining in the area longer than is necessary to smoke a cigarette.

6. Smoke-free public place or workplace
The owner or person in control of a public place or employer in respect of a workplace may totally prohibit smoking on the premises of that public place.

7. Repeal
The Notice Relating to Smoking of Tobacco Products in Public Places. No. R. 975 as published in Government Gazette No. 21610 of 29 September 2000, is hereby repealed.

Media Briefing Labour Minister Oliphant to visit Western Cape for a Blitz inspection to enforce labour laws

Tue, 27 Mar 2012 08:50:00 GMT

During a Media Briefing held on 26 March 2012 the Department of Labour confirmed that the Minister of Labour Mildred Oliphant will lead the inspections blitz on the agricultural sector on the farms of Paarl, which will be followed by the public participation programme (Imbizo) at the Mbekweni Sports Field, on the 30 and 31 March 2012 respectively.

Forty-four farms will be inspected to ensure compliance on the Occupational Health and Safety Act, Labour Relations Act, Employment Equity Act as well as for Basic Conditions of Employment Act.

On Friday at 14h00 the Minister is expected to hold a media briefing on the outcomes of the blitz inspection at the Diemersfontein Country House, Paarl.

Local communities will have an opportunity to engage with the minister at the public participation programme (Imbizo) which will be held at Mbekweni Sports Field, Mbekweni Township at 9h00, where they will be able to raise their issues regarding their workplaces experiences. Mbekweni lies 50 kilometres away from Cape Town.

The public participation programme will also be attended by other government departments including Home Affairs, Social Development, Department of Agriculture, Department of Health, South African Social Security Agency and the Drakenstein Local Municipality. The departments will also use this opportunity to exhibit and share information about the services they provide.

The aim of the event is to engage all the employees particularly the farm workers by bringing the services of the Department of Labour to the people. The department is striving to promote equal working relations with all its stakeholders to ensure effective service delivery.

Enquiries: Nikiwe Vuba

Tel: 021 441 8203
Cell: 078 18 14 453

E-mail: Nikiwe.vuba@labour.gov.za

NEM:WA DRAFT REGULATIONS: SITE ASSESSMENTS AND REPORTS

Wed, 28 Mar 2012 06:11:00 GMT

Deadline for submission of comments: 10 May 2012

Dear Subscribers

Please take note that the Minister of Water and Environmental Affairs has in terms of S69(1)(v) of the National Environmental Management: Waste Act, Act 59 of 2008; published the Draft Regulations for Site Assessments and Reports, 2012.

This notice was published in Government Gazette 35161, under GeN 234 of 19 March 2012.

The full document can be accessed on our website http://www.implex.co.za/nem-wa?CategoryID=36078

>Member Section
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>>> NEM:WA
>>>> Draft Regulations: Site assessments and Reports
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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 S37 of NEM:WA. 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.

It is worth noting that as per Newsflash 10/2009 NEM:WA commenced on 1 July 2009 except for S28(7)(a) and Part 8 (Ss 35-41) dealing with Contaminated Land, and S46. (Government Gazette 32189; Proclamation Number 34 dated 30 April 2009).

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 were invited to submit written comments to the Minister within 60 days of publication of the notice in the Gazette. Comments received after 60 days will not be considered. Written comments or inputs can be delivered by hand, mail, and e-mail or telefax transmission.
Deadline for submission of comments: 10 May 2012

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.

Enquiries:
Albi Modise - 083 490 2871 or
Roopa Singh - 082 225 3076

NEM:WA DRAFT REGULATIONS: Draft National norms and standards for remediation of contaminated land and soil quality

Wed, 04 Apr 2012 12:30:00 GMT

Deadline for submission of comments: 10 May 2012

Please take note that the Minister of Water and Environmental Affairs has in terms of S69(1)(v) of the National Environmental Management: Waste Act, Act 59 of 2008; published the Draft National Norms and Standards for Remediation of Contaminated Land and Soil Quality, 2012.

This notice was published in Government Gazette 35160, under GeN 233 of 19 March 2012.

The full document can be accessed on our website here

>Member Section
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>>> NEM:WA
>>>> Draft Regulations: Site assessments and Reports
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Section 7(2)(d) of the National Environmental Management: Waste Act (NEM:WA) requires the Minister to set national norms and standards for the remediation of contaminated land and soil quality. These norms and standards have been developed in preparation for bringing in part 8 of the Waste Act into effect, this part provides for the remediation of contaminated land. The requirements set out in the draft norms and standards apply to any person who undertakes any remediation activity within South Africa.

The purpose of the norms and standards are to provide a national approach relating to the remediation of contaminated land and limit uncertainties about the most appropriate criteria and method to apply in the assessment of contaminated land. These norms and standards also provide the minimum standards for assessing necessary environmental protection measures for remediation activities, sampling and analysis of contaminated areas and the sites that do not need to undergo site specific assessment.

The draft norms and standards only apply to the remediation of sites contaminated with certain compounds including amongst others mercury, lead, copper and chloroform. With regard to the general requirements for the management of remediation activities, the draft norms and standards propose that immediate action must be taken to ensure that migration of compounds does not occur or that impacts are not aggravated as a result of remediation activities. The general requirements further propose that no exotic plant species may be used for rehabilitation purposes and that contaminated material supplies should under no circumstances be placed on adjacent properties, roads or road reserves during and after the remediation activities.

The draft norms and standards state that training must be provided to all employees including contract workers working on remediation activities that might be exposed to contaminants. The training programme must include, amongst others precautionary measures that need to be taken, appropriate use of protective clothing and the risks of the hazardous substances to their health which they are likely to be exposed to. Furthermore, remediation sites must have an emergency preparedness that must include hazardous identification, prevention measures, emergency planning, emergency response and remedial actions.
Interested and affected parties were invited to submit written comments to the Minister within 60 days of publication of the notice in the Gazette. Comments received after 60 days will not be considered. Written comments or inputs can be delivered by hand, mail, and e-mail or telefax transmission.

Deadline for submission of comments: 10 May 2012

By post to:
The Director-General: Environmental Affairs

Attention: Mr. Thendo Nethengwe
Private Bag X447
Pretoria, 0001

By fax to:
(012) 310 3753

By telephone:
(012) 310 3897

By e-mail to:
tnethengwe@environment.gov.za

Hand delivered at:
315 Pretorius Street, corner Pretorius and Van Der Walt streets, Fedsure Forum Building, 2nd Floor, Reception.

Enquiries:
Albi Modise - 083 490 2871 or
Roopa Singh - 082 225 3076

EXPLANATORY SUMMARY OF THE NATIONAL ENVIRONMENT MANAGEMENT LAWS AMENDMENT BILL, 2011

Mon, 09 Jan 2012 06:38:00 GMT

Please note that the Minister of Water and Environmental Affairs intends introducing the National Environmental Management Laws Amendment Bill, 2011 in Parliament during February 2012. An explanatory summary of the Bill was published in accordance with Rule 241(1)(c) of the Rules of the National Assembly and Rule 186(10)(b) of the Rules of the National Council of Provinces. (This Newsflash follows up on and relates Newsflash 29/2011 on the National Environmental Management Laws Amendment Bill, 2011).

This explanatory summary was published in Government Gazette 34891, under GeN914 on 30 December 2011.

We have for your ease of reference, included a copy of the Memorandum on the Objects of the National Environmental Management Laws Amendment Bill, 2011 to this Newsflash.

The National Environmental Management Laws Amendment Bill as well as the Explanatory Summary can also be accessed at on our website http://www.implex.co.za/nemla
>Member Section
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MEMORANDUM
1. PURPOSE OF THE BILL

The purpose of the National Environmental Management Laws Amendment Bill, 2011 amends certain provisions under National Environmental Management Act, 1998 (Act No. 107 of 1998), the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004), the National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004), the National Environment Management Laws Amendment Act, 2009 (Act No. 14 of 2009) and the National Environment Management Laws Amendment Act, 2009 (Act No. 15 of 2009).

2. BACKGROUND

2.1 The National Environmental Management Act, 1998 (Act No. 107 of 1998) (NEMA) is environmental framework legislation which provides for environmental management. Other specific environmental management Acts were promulgated to deal with specific mediums of the environment, namely the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003) (NEM: PAA), the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) (NEM: BA), the National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004) (NEM: AQA), the National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008) (NEM: ICMA) and the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008) (NEM: WA).
2.2 The National Environmental Management Laws Amendment Bill, 2011 proposes amendments to certain provisions under NEMA, the NEM: BA and the NEM: AQA. Most of the amendments were identified through the implementation of the legislation and some originated from the Department of Cooperative Governance process of identifying legislation that hampers service delivery.

3. OBJECTS OF THE BILL

3.1. National Environmental Management Act, 1998

Clause 1: Amendment of section 1
This amendment seeks to revise certain definitions to provide clarity.

Clause 2: Amendment of section 11
The current provisions of section 11 are not aligned with the term of office of the new government. The misalignment does not afford the elected government with a legal mandate to implement its priorities.
This amendment will change the timeframes for the preparation of environmental implementation plans and environmental management plans from
4 years to 5 years.

Clause 3: Insertion of section 16A
This amendment inserts a new section requiring national department responsible for environmental affairs, provincial departments responsible for environmental affairs and all metropolitan and district municipalities to prepare and publish environment outlook reports, within 4 years of coming into operation of the Bill and at intervals of not more than 4 years thereafter. Not all provinces and municipalities are currently producing the environment outlook reports. This section will ensure uniformity. The environment outlook reports prepared by the provinces and municipalities will be prepared and published before a year before the environmental implementation plans and environmental management plans in order to ensure that they feed into the national state of environment reports as well as environmental implementation plans and environmental management plans. The amendment further requires the Minister responsible environmental affairs to publish in the Gazette the procedure to compile the report, the format of the report and content of the report. These reports provide information that could and should be used in planning and decision-making processes.

Clause 4: Amendment of section 24
The amendment will change the heading to section 24.
The current provisions of section 24 do not allow the Minister to conserve and manage those areas of the environment requiring further protection. As a result, the amendment will also insert a new subsection which empowers the Minister to restrict or prohibit certain developments in certain geographical areas for a certain period of time on certain conditions.
In addition, this section does not allow the Minister or MEC to develop norms or standards for non-listed activities. This amendment will further provide the Minister or MEC, with the concurrence of the Minister, to develop norms or standards for non-listed activities, sectors or geographical areas.

Clause 5: Amendment of section 24C
There are differing views on the type of environmental impact assessment applications that must be submitted to and processed by the National Department. In addition, the Department has also received requests on clarity regarding on whether a particular applications should be submitted to the Province or National Department. In addition, the current
provisions seem not to clearly indicate the type of applications that must be submitted to and processed by the National Department. This amendment will provide legal clarity on the environmental impact assessment applications that must be considered by the National Department.
Furthermore, the Minister receives complaints or requests for interventions from developers regarding delays in the processing of environmental impact assessment applications. In most cases, the Minister does not have the legal mandate to deal with such matters. A new subsection has also been inserted which provides that in instances where the MEC responsible for environmental affairs fails to take a decision within the prescribed timeframes, an applicant for an environmental authorization may approach the Minister to take the decision, after the relevant MEC has been consulted.

Clause 6: Amendment of section 24E
This section deals with the minimum conditions that must be attached to the environmental authorisations. The current provisions only allow for the transfer of rights and obligations with respect to the environmental authorisation when there is a change of ownership in the property where the proposed development will be undertaken. Several requests have been
submitted to the Department for the transfer of rights and obligations to each owner of the property with respect to the environmental authorisation
without changing the ownership in the property.
This amendment will ensure that an environmental authorisation provides for the transfer of rights and obligations even when there is no change in ownership in the property.

Clause 7: Amendment of section 24F
Section 24(10) allows for the development of norms or standards for listed and non-listed activities. However, the current provisions do not make it an offence for any person contravening any of these norms or standards.
This amendment will make an offence for any person who fails to comply with any applicable norm or standard developed in terms of section 24(10).
This offence will also include non-compliance with a norm or standard developed for non-listed activities, sectors or geographical areas.

Clause 8: Amendment of section 24G
The Department has received requests regarding the applicability of section 24G to the unlawful commencement of the waste management activity under the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008). This amendment will provide legal clarity on the applicability of section 24G to the unlawful commencement of the waste management activity under the National Environmental Management: Waste Act, 2008.
In addition, the Department has also observed the trends of companies budgeting for the section 24G administrative fine and then commence with an activity without the environmental authorisation. The amendment will also increase the section 24G administrative fine from R1 Million Rand to R5 Million Rand.
Furthermore, the Department of Cooperative Affairs requested the Department to provide for the exemption from the payment of the section 24G administrative fine for those persons undertaking a listed activity in emergency response situations. The current provisions do not allow the competent authority to consider a section 24G application before the
payment of the administrative fine. This amendment will provide for an exemption from section 24G administrative fine for a person undertaking a listed activity without an environmental authorisation in emergency response situation.

Clause 9: Amendment of section 24M
There seems to be confusion amongst the regulated community that they can always apply for an exemption from undertaking the environmental impact assessment on certain developments. This amendment will insert a new subsection reaffirming that no exemptions may be granted from the requirements to obtain an environmental authorisation when intending to undertake a listed activity in terms of section 24 of NEMA.

Clause 10: Amendment of section 240
The Department from time to time develops and adopts guidelines and environmental management instruments with respect to environmental impact management. Thereafter, the adopted environmental management instruments are relied upon when decisions are made with respect to an application for an environmental authorisation. This amendment will allow the competent authority to take into account any adopted environmental management instruments when considering an application for an environmental authorisation.

Clause 11: Amendment of section 28
The environmental management inspectors are currently experiencing challenges when issuing the section 28 Directive. These challenges are due to the difficulty in implementing the duty of care requirement before the issuing of the Directive.
The amendment will de-link the duty of care requirement that the Directive must comply with before being issued. This amendment will allow for easier implementation of the section 28 directive by the Director-General of environmental affairs, provincial head of Department responsible for environmental affairs as well as an administrative head of any relevant
state department.

Clause 12: Insertion of section 28A
The amendment will make an offence for any person who does not comply with a section 28 Directive and will also increase the fine imposed against such non-compliance from R1 million to R5 million for first time offenders and R10 million for second and subsequent offenders. This amendment will further ensure that a person causing detriment or degradation to the environment is criminally liable for his or her actions and can be fined up to R5 million for first time offenders and R10 million for second and subsequent offenders.
This amendment will separate the criminal liability from the section 28 Directive administrative requirements. The increase in penalties will ensure that the penalties are in line with the penalties imposed in terms of other specific environmental management Act.

Clause 13: Amendment of section 30
There seems to be confusion amongst the members of the public on whether it is an offence for any person not to comply with a Directive issued in terms of section 30(6) of NEMA. This amendment will clarify that it is an offence for any person that does not comply with a Directive issued in terms of section 30(6) of NEMA. The amendment will also increase
the fine imposed against non-compliance with a section 30(6) directive from R1 million to R5 million for first time offenders and R10 million for second and subsequent offenders. The increase in penalties will ensure that the penalties are in line with the penalties imposed in terms of other specific environmental management Act.

Clause 14: Amendment of section 31J
The current provisions of section 31J do not provide an environmental management inspector with a legal mandate to seize, without a warrant, any items used in the commissioning of an offence under NEMA or other specific environmental management Act. This amendment will allow an environmental management inspector to seize, without a warrant, a vehicle, vessel, aircraft or any other transport mechanism which may afford evidence of the commission or suspected commission of an offence. The amendment is also in line with section 20 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977).

Clause 15: Amendment of section 44
This amendment is not entirely new but was repealed when certain sections of the Environment Conservation Act, 1989 were repealed. The asbestos and plastic bags regulations were developed in terms of similar provisions under the Environment Conservation Act, 1989. From time to time certain products are introduced and used in the market but often their
impact on the environment is not always regulated. This amendment will provide the Minister with a legal mandate to develop regulations to control products that may have a detrimental effect on the environment. The amendment will further require the Minister to publish such regulations after consultation with the Minister responsible for trade and industry.

Clause 16: Amendment of section 47
This amendment will require the Department to table instead of submitting the Environmental Impact Assessment Regulations at Parliament before final publication in the Gazette for information. The amendment is merely to clarify the interpretation of subsection (3).

Clause 17: Amendment of section 47D
The current provisions of section 47D only caters for two methods of delivering documents, namely, hand delivery or registered mail. As a result, the section is not in line with current developments of business interactions. This amendment will allow for the use of other mechanisms of delivering documents under the NEMA or other specific environmental
management Act, namely, by fax, e-mail or ordinary mail.

Clause 18: Amendment of section 48
There seems to be confusion amongst members of the public whether the NEMA is applicable to the State. This amendment will reiterate that the NEMA is applicable to the State without any exceptions.

Clause 19: General amendment
This is a general amendment necessitated by the name changes in the Ministries of Water Affairs and Forestry and Minerals and Energy. This amendment will update the Ministries name change wherever it appears in the NEMA.

3.2. National Environmental Management: Biodiversity Act, 2004

Clause 20: Amendment of section 1 of Act 10 of 2004
Trade and export is integral to the process of bioprospecting. However, the bio-trading industry always contests that they are not regulated by NEM: BA because the bioprospecting activity of trade is not explicitly mentioned. The revision of the definition of "bio-prospecting", "commercialization" as well as the inclusion of the definition of "commercial exploitation" will close a regulatory gap in regulating the bio-trading industry.
In addition, the revision of the definition of "genetic resources" will give national effect to the obligations of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation to the Convention on Biological Diversity.

Clause 21: Amendment of section 51
One of the objectives of NEM: BA is to provide for the use of indigenous biological resources in a sustainable manner, and the purpose of Chapter 4 is to makes provision for, among others, the protection of species listed as threatened or protected and to "ensure that the utilisation of biodiversity is managed in an ecologically sustainable way."
However, the current provisions of section 51 appear not to clearly set out such intentions.
This amendment will clarify that the intention of Chapter 4 is also to ensure that the threatened or protected species (TOPS) are sustainable utilised. The inclusion of the proposed amendment in the purpose of the Chapter 4 will clarify such intention.

Clause 22: Amendment of section 56
Species listed as protected do not face the threat of extinction in the wild due to utilization. However, many species that are commercially utilised (i.e. on game farms) are not of "national importance" or "high conservation value", but the hunting of the species needs to be regulated to prevent over-utilisation; or translocation of the species also needs to
be regulated to prevent hybridisation. In addition, species may be listed within the same category, because they have the same conservation status,
but have attained that status for different reasons. Therefore, it is important to also regulate those species that are not of high conservation value in order to prevent the inclusion of such species in one of the threatened categories in future.
This amendment will provide the Minister with a legal mandate to regulate those species that are not of high conservation value in order to ensure that their utilization in the ecosystem is sustainable.

Clause 23: Amendment of section 57
The current provisions of section 57 do not require a permit for species to which an international agreement regulating international trade applies. This amendment will ensure that permits are required for species to which an international agreement regulating international trade applies.
In addition, the current provisions of section 57(3) do not require that in transit shipments through the Republic of listed threatened or protected species to be accompanied by the necessary documentation in line with the State party obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This amendment
will also ensure that specimens in transit through the Republic are always accompanied by the necessary documentation.
Furthermore, the current provisions of section 57 do not allow the Minister to determine the conditions under which a person may be exempted from permit requirements with respect to the listed threatened or protected species restricted activities. This amendment will allow the Minister to exempt any person from the permit requirements subject to certain conditions. The amendment will also provide the Minister with a legal mandate to categorise, in respect of the threatened or protected species, when publishing notices in terms of sections 57(2) or 57(4).

Clause 24: Amendment of section 58
The amendment will correct the incorrect cross-reference to section 56(2) instead of section 57(2). This amendment will provide the Minister with a legal mandate to amend the notices published in terms of section 56(1), 57(2) or 57(4) of NEM: BA.

Clause 25: Amendment of section 59
The NEM: BA does not contain any provisions requiring the registration of professional hunters, outfitters and trainers. This challenge manifest itself in the abuse of the permit process in that ruthless poachers poses as legal professional hunters and outfitters. This amendment will provide the Minister with a legal mandate to prescribe a system for the
registration of the professional hunters, outfitters and trainers in the hunting industry. This system can be utilised to monitor compliance of the professional hunters and outfitters through the professional bodies. The amendment is meant to address some of the regulatory gaps within the permitting system.

Clause 26: Amendment of section 60
The CITES require the country's Scientific Authority to confirm that international trade in species, listed in the Appendices, will not be detrimental for the survival of the species in the wild. This international obligation had to be given effect through national legislation, of which the Threatened or Protected Species Regulations, 2007 (TOPS Regulations) were the first to be developed and implemented under NEM: BA. Although, the composition of the country's Scientific Authority is prescribed in the TOPS Regulations, the original intention with the establishment of the country Scientific Authority was to assist the Department in international trade of CITES-listed species.
This amendment will provide the scientific authority with a legal mandate in assisting the Department on the scientific work regarding the regulation of species to which an international agreement on international trade is applicable.

Clause 27: Amendment of section 61
The issuance of permits under NEM: BA may be refused based on non-detriment findings. These decisions may affect the existing rights of persons. Therefore, it is important that the non-detriment findings should be subjected to the public participation process in order for the members of the public to be informed about the issue that might affect them. The
power to publish a notice in the Gazette is vested in the Minister and therefore it is important for the non-detriment findings to be submitted to the Minister for processing.
This amendment will provide clarify that the legal mandate of the scientific authority is to make recommendations to the Minister on non-detrimental findings.

Clause 28: Amendment of section 62
The issuance of permits under NEM: BA may be refused based on non-detriment findings. These decisions may affect the existing rights of persons. Therefore, it is important that the non-detriment findings should be subjected to the public participation process in order for the members of the public to be informed about the issue that might affect them. The
power to publish a notice in the Gazette is vested in the Minister and therefore it is important for the non-detriment findings to be submitted to the Minister for processing.
This amendment will provide the Minister with a legal mandate to publish the non-detrimental findings in the Gazette on recommendations from the scientific authority. The amendment will also broaden the scope of the non-detrimental findings to international agreement regulating international trade.

Clause 29: Insertion of section 62A
This is a new section. The amendment will provide the Minister with a legal mandate to amend or repeal a notice published in terms of section 62(1) of NEM: BA.

Clause 30: Amendment of section 63
This amendment is meant to ensure alignment with the proposed amendments to section 57 by requiring a public participation process. The amendment will require the Minister to follow a public participation process when amending or repealing an exemption notice in terms of section 57(4).

Clause 31: Amendment of section 66
In some situations, it may be necessary for the Minister to exempt a person from the requirement of a permit or risk assessment with respect to alien species. These types of exemptions depend on the each case presented to the Department. However, the current provisions of section 86 do not allow the Minister to deal with such exemptions.
This amendment will allow the Minister to exempt any person from the permit or risk assessment requirements with respect to alien species (section 65(1) and (2)). The amendment will also provide the Minister with a legal mandate to categorise according to persons, areas or species when publishing the exemption notice in the Gazette. This amendment will prevent the repeated carrying out of risk assessments for the same species for the same activity.

Clause 32: Amendment of section 70
The current provisions do not allow the Minister to categorise within the list of invasive species notice published in terms of section 70(1).
The categorization is important when it comes to implementation.
The amendment will provide the Minister or MEC for environmental affairs in a province with a legal mandate to categorise according to areas, persons or species when publishing the national or provincial list of invasive species.

Clause 33: Amendment of section 71
In some situations, it may be necessary for the Minister to exempt a person from the requirement of a permit or risk assessment with respect to listed invasive species. These types of exemptions depend on the each case presented to the Department. However, the current provisions of section 70 do not allow the Minister to deal with such exemptions.
This amendment will provide the Minister with a legal mandate to exempt a person subject to certain conditions from permit and risks assessment requirements (section 71(1) or (2)). This amendment will also allow the Minister to categorise according to areas, persons or species when publishing the exemption notice in the Gazette.

Clause 34: Insertion of section 71A
This is new section. The current provisions in NEM: BA does not allow the Minister to prevent the carrying out of certain restricted activities with respect to listed invasive species. The current challenge is that it is sometimes difficult to protect and conserve certain invasive species in certain areas of the country. This may be important for the survival of
certain ecosystems.
This amendment will provide the Minister with a legal mandate to prohibit the carrying out of certain restricted activities involving certain listed invasive species. This amendment will also allow the Minister to categorise according to areas, persons or species when publishing the notice in the Gazette.

Clause 35: Amendment of section 72
The amendment is meant to ensure alignment with the proposed amendments to section 70, 71 and 71A by allowing the Minister and MEC to amend or repeal those notices. This amendment will provide the Minister with a legal mandate to amend or repeal any of the notices published in terms of sections 70(1)(a), 71(3), or 71A(1). The amendment will also provide the MEC with a legal mandate to amend or repeal the notice published in terms of section 70(1)(b). The amendment will ensure proper cross-referencing.

Clause 36: Amendment of section 79
The amendment is meant to ensure alignment with the proposed amendments to section 71 and 71A by requiring the Minister subject such notices to public participation process before implementation. This amendment will require notices to exempt or prohibit invasive species to be published for public comments before final publication in the Gazette.

Clause 37: Amendment of section 80
The current provisions of section 80 are not reflecting some of the country International obligations with respect to the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity.
The Protocol requires the country to protect genetic and biological resources including genetic information when utilised for bioprospecting.
This amendment will provide the Department with the legal mandate to ensure proper regulation of bioprospecting involving indigenous genetic and/or biological resources. The amendment will ensure the application of the Chapter 6 to genetic resources.
In addition, the current provisions of Chapter 6 are not explicitly encouraging the sustainable use of indigenous plants, animals and associated traditional knowledge. The amendment will also support socio-economic development where indigenous plants, animals and associated traditional knowledge is accessed and utilised for bioprospecting.

Clause 38: Amendment of section 85
The current Biosprospecting Trust Fund is managed in accordance with the legal requirements of the Public Finance Management Act, 1999.
Therefore, the intention is to change the current Bioprospecting Trust Fund to become a Bioprospecting Fund. A trust fund requires a trust deed, trustees and also has additional financial implications. The intention of the Bioprospecting Fund is to keep all moneys arising from bioprospecting agreements on behalf of communities. These moneys are paid to the
communities after the finalisation of the bioprospecting agreements. This amendment will allow changing the current provisions to allow the Department to keep all moneys arising from bioprospecting agreements in a separate Bioprospecting Fund for the benefit of communities. The amendment will also allow communities with bank accounts to receive the moneys directly from the permit holder (bioprospector).

Clause 39: Amendment of section 86
The current provisions of section 86 do not allow the Minister to exempt a person using indigenous resources for domestic use or subsistence purposes. The implications are that traditional healers and traders of medicinal plants must obtain a bioprospecting permit before collecting, using or cultivating indigenous resources. This is against the purpose and
intention of NEM: BA of promoting sustainable utilisation of indigenous resources by communities. This amendment will provide the Minister with a legal mandate to exempt persons using Indigenous biological resources for domestic use or subsistence purposes from the provisions of Chapter 6. The amendment will also provide the Minister with a legal mandate to exempt certain categories of commercial or industrial exploitation of indigenous biological resources from the provisions of sections 82 and 84 of NEM: BA (Benefit-sharing and Material transfer agreements).

Clause 40: Amendment of section 97
The amendment is meant to ensure alignment with the proposed amendments to section 57 by requiring that permits are required for species to which an international agreement regulating international trade applies. This amendment will ensure that permits are required for species to which an international agreement regulating international trade applies. The amendment will ensure proper cross-referencing.

Clause 41: Amendment of section 88
This amendment is meant to address some of the challenges on the permit system with respect to the hunting of listed threatened or protected species, alien species or listed invasive species. Currently the permit system is being abused by ruthless individuals or syndicates to obtain protected and vulnerable species. This amendment will provide the issuing
authority with a legal mandate to defer a decision to issue a permit if the applicant is under investigation for contravening the NEM: BA in relation to a similar restricted activity. The decision will be deferred until such time that the investigation is finalised. The amendment will strengthen the implementation of legal requirements and administrative processes to limit the possible abuse of the permit system.

Clause 42: Amendment of section 91
This is a consequential amendment as a result of the exemption notices that the Minister may publish in terms of sections 65(2) and 71(2). The amendment will ensure proper cross-referencing.

Clause 43: Substitution of section 93
This amendment is meant to address some of the challenges on the permit system with respect to the hunting of listed threatened or protected species, alien species or listed invasive species. Currently the permit system is being abused by ruthless individuals or syndicates to obtain protected and vulnerable species. The amendment will provide the issuing
authority with a legal mandate to cancel a permit issued in terms of this Act if the permit holder is found guilty of committing an offence. The amendment will also allow the issuing authority to recover any reasonable costs, incurred and necessitated by the cancellation of the permit, from the permit holder. The amendment will strengthen the implementation of
legal requirements and administrative processes to limit the possible abuse of the permit system.

Clause 44: Insertion of section 93B
This amendment is meant to address some of the challenges on the permit system with respect to the hunting of listed threatened or protected species, alien species or listed invasive species. Currently the permit system is being abused by ruthless individuals or syndicates to obtain protected and vulnerable species. This amendment will provide the issuing authority with a legal mandate to suspend a permit issued in terms of this Act if the suspension will assist in the sustainable use of the species or if the permit holder is under investigation for contravening any provisions of the Act or conditions of the permit. The amendment will also allow an issuing authority to recover any reasonable costs, incurred and
necessitated by the suspension of the permit, from the permit holder. The amendment will strengthen the implementation of legal requirements and administrative processes to limit the possible abuse of the permit system.

Clause 45: Amendment of section 94
The current appeals provision appears to be misaligned with the appeals provision in section 43 of NEMA. The misalignment has caused some confusion amongst appellants with respect to the applicable provisions. This amendment will repeal the appeals provision under the NEM: BA and appeals under the NEM: BA will be processed in terms of section 43 of NEMA. The amendment will ensure a single and aligned appeal process under section 43 of NEMA for all appeals in terms of NEMA or other specific environmental management Act.

Clause 46: Amendment of section 95
The current appeals provision appears to be misaligned with the appeals provision in section 43 of NEMA. The misalignment has caused some confusion amongst appellants with respect to the applicable provisions. This amendment will repeal the appeals provision under the Act and appeals under the Act will be processed in terms of section 43 of NEMA. The amendment will ensure a single and aligned appeal process under section 43 of NEMA for all appeals in terms of NEMA or other specific environmental management Act.

Clause 47: Amendment of section 96
The current appeals provision appears to be misaligned with the appeals provision in section 43 of NEMA. The misalignment has caused some confusion amongst appellants with respect to the applicable provisions. This amendment will repeal the appeals provision under the Act and appeals under the Act will be processed in terms of section 43 of NEMA. The amendment will ensure a single and aligned appeal process under section 43 of NEMA for all appeals in terms of NEMA or other specific environmental management Act.

Clause 48: Amendment of section 97
The current provisions regulations making powers do not allow the Minister to develop regulations on programmes to address invasive species, systems to register certain organisation that may assist the Department in the implementation of the NEM: BA. The amendment will also provide the Minister with a legal mandate to develop regulations on self-administration within the wildlife industry; to control and eradicate invasive species; and on system for the registration of institutions, ranching operations, nurseries, captive breeding operations and other facilities. The amendment will also correct cross referencing within NEM: BA and repeal references to the repealed appeal provisions.

Clause 49: Amendment of section 98
This amendment will delete references to the repealed appeal provisions. The current provisions do not allow the Minister to specify different penalties for the different categories of species depending on their protection and vulnerability. Practically, the implementation is a challenge because the NEM: BA provides the species with different protection therefore the penalties should also be aligned with the protection afforded to the species. The amendment will also provide the Minister with a legal mandate to differentiate between the penalties for the contravention of the different provisions in the regulations made in terms of section 97 of NEM: BA.

Clause 50: Amendment of section 101
The current provisions do not make it an offence for any person engaging in bioprospecting discovery phase without proper notification to the Minister, and for any permit holders that allows someone to either contravene permit conditions or provisions of NEM: BA. Therefore, the Department is not able to fully enforce NEM: BA. This amendment will create
offences for any person to engage in bioprospecting discovery phase without proper notification to the Minister as well as for any person to carry out a restricted activity, which has been prohibited, involving a listed invasive species. This amendment will further make it an offence for any person who is involved in an illegal restricted activity but who does not
physically carry out the restricted activity. These amendments will ensure compliance by members of the public.

Clause 51: Amendment of section 102
Some of the large national and multinational industries are engaging in bioprospecting without the necessary permits. Because some of the current penalties are not deterrent enough to promote a culture of compliance with the NEM: BA. This amendment will ensure that heavy penalties are imposed against large national and multinational industries found guilty of
bioprospecting related offences. The amendment will also ensure the imposition of a fine equivalent to the recovery costs associated with the control and eradication of invasive species.

Clause 52: Insertion of section 105A
The current provisions of NEM: BA does not allow the Minister to declare certain areas for intervention with respect to addressing the challenges posed by alien species or invasive species. There are situations where alien species or invasive species may be a threat to a particular ecosystem and if no interventions are deployed to eradicate those species
the ecosystem may be destroyed. This amendment will insert a new section providing the Minister with a legal mandate to declare an emergency intervention for the control or eradication of alien species or listed invasive species, if the Minister is satisfied that species constitutes a significant threat to the environment. The amendment will ensure that our
environment is conserved for future generation.

Clause 53: Insertion of section 105B
Many persons are in possession of provincial permits but have not yet applied for permits in terms of NEM: BA. These persons may either not be aware of NEM: BA, or do simply not comply with NEM: BA, but does not necessarily have the intention of carrying out an illegal activity. The intention is to allow persons to apply for permits, without the fear of
being prosecuted for not having applied earlier. This amendment will insert a new section providing the Minister with a legal mandate to declare amnesty from prosecution for the purposes of facilitating compliance with the provisions of NEM: BA.

Clause 54: General amendment
This amendment will replace the "bio-prospecting trust fund" with the "bioprospecting fund" wherever it appears in the Act. The amendment will allow for consistent use of terminology.

3.3. National Environmental Management: Air Quality Act, 2004

Clause 55: Amendment of section 55 of Act 39 of 2004
The current provision of section 55 is not in line with the penalties of other specific environmental management Act. The intention is to ensure that NEMA and other specific environmental management Act are aligned in most issues. This amendment will adjust penalties that may be imposed in terms of any regulations developed under the Act. The amendment will ensure that penalties are in line with penalties imposed in terms of other specific environmental management Act.

3.4. National Environment Management Laws Amendment Act, 2009

Clause 56: Amendment of Short title of Act 14 of 2008

This amendment will rectify the incorrect citation of the National Environmental Management Laws Amendment Act, 2009 (Act No. 14 of 2008).

3.5. National Environment Management Laws Amendment Act, 2009

Clause 57: Amendment of Short title of Act 15 of 2009
This amendment will rectify the incorrect citation of the National Environment Management Laws Amendment Act, 2009 (Act No. 15 of 2009).

4. DEPARTMENTS / BODIES / PERSONS CONSULTED
The national Departments were consulted Agriculture, Forestry and Fisheries, Cooperative Governance and Traditional Affairs, Defence and Military Veterans, Energy, Health, Human Settlements, Labour, Mineral Resources, Rural Development and Land Reform, Trade and Industry, Transport and Water Affairs. These Departments are identified in schedules 1 and 2 to NEMA as national Departments exercising functions which may affect the environment or that involve the management of the environment.

5. IMPLICATIONS FOR PROVINCES
All provincial environmental affairs departments.

6. FINANCIAL IMPLICATIONS FOR STATE
The Bill does not create further financial liabilities to the State.

7. PARLIAMENTARY PROCEDURE
7.1 The State Law Advisers and the Department of Environmental Affairs are of the opinion that this Bill must be dealt with in accordance with the procedure prescribed by section 76(1) or (2) of the Constitution since it falls within functional areas listed in Schedule 4 to the Constitution, namely "Environment" and "Nature Conservation".
7.2 The State Law Advisers are of the opinion that it is not necessary to refer this Bill to the National House of Traditional Leaders in terms of section 18(1)(a) of the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003), since it does not contain provisions pertaining to customary law or custom of traditional communities.

Take note that Implex will be hosting a practical workshop and update session on the implications of the National Environment Management Laws Amendment Bill; including a discussion on the way forward. This session is scheduled for Tuesday 28 February 2012. Seats will be limited, so contact Amelia Steyn without delay for more information on registration at amelia@implex.co.za to avoid disappointment.

We trust that this information will serve to be of assistance and that you will not hesitate to contact our offices should you require any further support herein.

We look forward to your positive feedback!

Best regards,
The Implex Team

National Environmental management: Biodiversity Act: National list of Ecosystems that are threatened and in need of protection

Wed, 14 Dec 2011 09:18:00 GMT

Please take note that the Minister of Water and Environmental Affairs has in terms of section 52(1)(a) of the National Environmental Management: Biodiversity Act, Act 10 of 2004; published a national list of ecosystems that are threatened and in need of protection.

This notice was published in Government Gazette 34809, under GoN 1002 on 9 December 2011.

The full document can be accessed on our website

>Member Section
>>Legislation Library
>>> NEM:BA

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Due to the size of the complete document (19 290 kb) we have uploaded the document in 10 parts, so as to ease downloading stresses.
· Part A (1 941 kb) Pages 3 - 42

· Part B (1 811 kb) Pages 43 - 81

· Part C (1 998 kb) Pages 82 - 141

· Part D (2 111 kb) Pages 142 - 201

· Part E (2 077 kb) Pages 202 - 261

· Part F (2 060 kb) Pages 262 - 322

· Part G (2 179 kb) Pages 323 - 382

· Part H (2 015 kb) Pages 383 - 442

· Part I (1 881 kb) Pages 443 - 503

· Part J (1 374 kb) Pages 504 - 541

CONTENTS
Executive Summary
1. Introduction
2. Purpose and rationale for listing ecosystems
2.1 Purpose of listing ecosystems
2.2 Rationale for listing ecosystems
3. Relevant sections of the Biodiversity Act and other legislation
3.1 Biodiversity Act
3.1.1 Listing of threatened or protected ecosystems
3.1.2 How do threatened ecosystems relate to threatened species?
3.1.3 Bioregional plans
3.1.4 Biodiversity management plans and biodiversity management agreements
3.1.5 Regulations
3.1.6 Norms and standards
3.1.7 Consultation and public participation
3.2 Other legislation with direct links to threatened ecosystems
3.2.1 NEMA
3.2.2 NEMA EIA Regulations
3.2.3 NEMA EMF Regulations
3.3 Other legislation with indirect links to threatened ecosystems
3.3.1 Protected Areas Act
3.3.2 National Forests Act
3.3.3 National Water Act
3.3.4 Marine Living Resources Act
3.3.5 Integrated Coastal Management Act
3.3.6 National Heritage Resources Act
4. Principles and criteria for Identifying threatened ecosystems
4.1 Principles for identifying threatened or protected ecosystems
4.2 How have listed ecosystems been defined?
4.2.1 At what spatial scale have ecosystems been defined?
4.2.2 How have ecosystems been delineated?
4.3 Criteria for identifying threatened ecosystems
4.4 How do listed threatened ecosystems relate to ecosystem status in the National Spatial Biodiversity Assessment 2004?
5. Implications of listing threatened ecosystems
5.1 Planning related implications
5.2 Environmental authorisation implications
5.3 Proactive biodiversity management implications
5.4 Monitoring and reporting implications
6. Summary of listed ecosystems
7. Descriptions and maps of Individual listed ecosystems
7.1 Explanation of descriptions
7.2 Critically Endangered (CR) ecosystems
7.3 Endangered (EN) ecosystems
7.4 Vulnerable (VU) ecosystems
8. Contact details

Appendix A: Relevant sections of the Biodiversity Act
Appendix B: Relevant sections of NEMA (as amended)
Appendix C: List of workshops and work sessions held
List of Tables
Table 1: Criteria used to identify threatened terrestrial ecosystems, with thresholds for critically endangered (CR), endangered {EN) and vulnerable (VU) ecosystems
Table 2: Summary statistics for listed ecosystems
Table 3: Summary of listed ecosystems, including reference numbers, divided into critically endangered, endangered and vulnerable ecosystems
Table 4: Summary of listed ecosystems by province
List of Figures
Figure 1: Map of listed ecosystems, showing original extent of ecosystems
Figure 2: Map of listed ecosystems, showing remaining extent of ecosystems

EXECUTIVE SUMMARY
This document contains the first national list of threatened terrestrial ecosystems and provides supporting information to accompany the list, including the purpose and rationale for listing ecosystems, the criteria used to identify listed ecosystems, the implications of listing ecosystems, and summary statistics and national maps of listed terrestrial ecosystems. It also includes individual maps and detailed information for each listed ecosystem. This document, together with spatial data for listed ecosystems, can be accessed on SANBI's
Biodiversity website (http://www.sanbi.org/).
References are not provided in this executive summary, but can be found in footnotes in the main document.

The National Environmental Management: Biodiversity Act (Act 10 of 2004) provides for listing of threatened or protected ecosystems in one of the following categories:
· CRITICALLY ENDANGERED (CR) ECOSYSTEMS, being ecosystems that have undergone severe degradation of ecological structure, function or composition as a result of human intervention and are subject to an extremely high risk of irreversible transformation;

· ENDANGERED (EN) ECOSYSTEMS, being ecosystems that have undergone degradation of ecological structure, function .or composition as a result of human intervention, although they are not critically endangered ecosystems;

· VULNERABLE (VU) ECOSYSTEMS, being ecosystems that have a high risk of undergoing significant degradation of ecological structure, function or composition as a result of human intervention, although they are not critically endangered ecosystems or endangered ecosystems;

· PROTECTED ECOSYSTEMS, being ecosystems that are of high conservation value or of high national or provincial importance, although they are not listed as critically endangered, endangered or vulnerable.

All stakeholders agreed early on that a phased approach should be taken to listing ecosystems, given the complexity of the process. The first list of ecosystems consists of threatened ecosystems in the terrestrial environment; future phases will deal with threatened ecosystems in the freshwater, estuarine and marine environments, and with protected ecosystems in all environments. According to the Biodiversity Act, published lists of ecosystems must be reviewed at least every five years.

At the request of the Department of Environmental Affairs (DEA), SANBI has led the process of identifying threatened ecosystems to be listed, working in close collaboration with DEA,
provincial conservation authorities, the Branch: Forestry previously of the Department of Water Affairs and Forestry (DWAF) now located in the Department of Agriculture, Fisheries and Forestry (DAFF), and relevant experts.

All listed ecosystems have been identified based on carefully developed and consistently applied national criteria. There has been strong emphasis on the use of best available science as well as on the realities of implementation, to ensure that the list of threatened ecosystems is both scientifically rigorous and implementable.

The Biodiversity Act allows the Minister or an MEC to list ecosystems. The current list consists of national threatened terrestrial ecosystems identified based on national criteria, and is thus listed by the Minister. A province may develop additional provincial criteria and identify additional ecosystems to be listed by the MEC. However, to avoid confusion this is discouraged until the process of listing national ecosystems has been well established.

The National Spatial Biodiversity Assessment (NSBA) 2004 included early attempts to identify threatened ecosystems. However, the identification of threatened terrestrial ecosystems for the current phase of listing has been much more detailed and comprehensive, using additional criteria and data. This means that the list of threatened terrestrial ecosystems presented here supersedes the information regarding terrestrial ecosystem status In the NSBA 2004. When the National Biodiversity Assessment (NBA) 2011 is published, it will be aligned and consistent with this published list of threatened terrestrial ecosystems.

Why list ecosystems?
The White Paper on the Conservation and Sustainable Use of South Africa's Biodiversity (1997) noted that little attention had historically been paid to protection of ecosystems outside protected areas. This laid the basis for the Biodiversity Act to introduce a suite of new legal tools for biodiversity conservation outside protected areas, including listing of threatened or protected ecosystems, listing of threatened or protected species, bioregional plans, biodiversity management plans for ecosystems or species, and biodiversity management agreements.
The purpose of listing threatened ecosystems is primarily to reduce the rate of ecosystem and species extinction. This includes preventing further degradation and loss of structure,
function and composition of threatened ecosystems. The purpose of listing protected ecosystems is primarily to preserve witness sites of exceptionally high conservation value. For
both threatened and protected ecosystems, the purpose includes enabling or facilitating proactive management of these ecosystems. It is likely that ecosystem listing will also play a
symbolic and awareness-raising role; however, this is not the primary purpose of listing ecosystems.
The purpose of listing threatened or protected ecosystems is not to ensure the persistence of landscape-scale ecological processes or to ensure the provision of ecosystem services, even though listing ecosystems may contribute towards these important goals.
Bioregional plans published in terms of the Biodiversity Act identify critical biodiversity areas, which will include landscape-scale ecological features (such as ecological corridors and
important catchments) which are crucial for biodiversity conservation but which will not be protected through listing of threatened or protected ecosystems. A Guideline Regarding the
Determination of Bioregions and the Preparation and Publication of Bioregional Plans was gazetted in March 2009.
Biodiversity management plans will be a useful tool for active management of threatened ecosystems. Norms and standards for biodiversity management plans for ecosystems are in the process of being developed.

How were listed ecosystems identified?
As a starting point, several principles were established for identifying threatened or protected ecosystems:
• The approach must be explicit and repeatable;

• The approach must be target-driven and systematic, especially for threatened ecosystems;

• The approach must follow the same logic as the IUCN approach to listing threatened species, whereby a number of criteria are developed and an ecosystem is listed based on its

• highest ranking criterion;

• The identification of ecosystems to be listed must be based on scientifically credible, practical and simple criteria, which must translate into spatially explicit identification of the

• ecosystems concerned.

In deciding on the appropriate spatial scale for identifying threatened or protected ecosystems, it was important to consider the purpose and rationale for listing ecosystems as well as the legal implications. These two considerations combined require that listed ecosystems be defined at the local rather than the regional scale. For the current phase of listing, threatened terrestrial ecosystems have been delineated based on one of the following: the South African Vegetation Map, national forest types recognised by DAFF, priority areas identified in a provincial systematic biodiversity plan, or high irreplaceability forests patches or clusters systematically identified by DAFF. For future phases of listing, ecosystems may be identified at a finer spatial scale than these units, but will not be identified at a broader spatial scale than these units.
The development of criteria for identifying threatened terrestrial ecosystems was done through extensive engagement and consultation with provincial conservation authorities, the Branch: Forestry previously of DWAF and now located in DAFF, and relevant experts, and was based on best available science. The criteria and thresholds for critically endangered, endangered and vulnerable ecosystems are summarised in Table 1 and explained in more detail in the main document. If an ecosystem meets any one of the criteria, it should be listed. If an ecosystem meets more than one criterion, it should be listed based on its highest ranking criterion. For example, if an ecosystem meets the threshold for vulnerable on one criterion and the threshold for endangered on another criterion, it should be listed as endangered.

What are the Implications of listing an ecosystem?
There are four main types of implications of listing an ecosystem:
• Planning related implications, linked to the requirement in the Biodiversity Act for listed ecosystems to be taken into account in municipal IDPs and SDFs;

• Environmental authorisation implications, in terms of NEMA and EIA regulations;

• Proactive management implications, in terms of the Biodiversity Act;

• Monitoring and reporting implications, in terms of the Biodiversity Act.

The environmental authorisation Implications are summarised here. The other implications are discussed in the main document. The Environmental Impact Assessment (EIA) Regulations include three lists of activities that require environmental authorisation:
• Listing Notice 1: activities that require a basic assessment (R544 of 2010);

• Listing Notice 2: activities that require scoping and environmental impact report (EIR) (R545 of 2010);

• Listing Notice 3: activities that require a basic assessment in specific identified geographical areas only (R546 of 2010).

Activity 12 in Listing Notice 3 relates to the clearance of 300m2 of more of vegetation, which will trigger a basic assessment within any critically endangered or endangered ecosystem listed in terms of S52 of the Biodiversity Act. This means any development that involves loss of natural habitat In a listed critically endangered or endangered ecosystem Is likely to
require at least a basic assessment in terms of the EIA regulations.
It is important to note that while the original extent of each listed ecosystem has been mapped, a basic assessment report In terms of the EIA regulations Is triggered only In
remaining natural habitat within each ecosystem and not in portions of the ecosystem where natural habitat has already been irreversibly lost.
Summary statistics and maps of listed ecosystems, remaining natural areas in threatened terrestrial ecosystems make up 9.5% of the country, with critically endangered and endangered ecosystems together accounting for 2.7% and vulnerable ecosystems a further 6.8%. The table shows how the ecosystems are distributed by province, and gives approximate areas. The area figures refer to the remaining natural habitat in listed ecosystems, not their original extent.

Introduction to the National List of Ecosystems that are Threatened and in Need of Protection
This document contains the first national list of threatened terrestrial ecosystems, provides supporting information to accompany the list, and includes individual maps and detailed
information for each listed ecosystem. It is structured as follows:
Section 2 explains the purpose and rationale for listing threatened or protected ecosystems;
Section 3 gives an overview of the relevant sections of the Biodiversity Act and other legislation with links to the listing of threatened or protected ecosystems;
Section 4 explains the principles established and the approach taken to listing ecosystems including the criteria developed for identifying threatened ecosystems;
Section 5 deals with the implications of listing a threatened ecosystem;
Section 6 gives summary information on the list of threatened terrestrial ecosystems;
Section 7 provides individual maps and descriptions for each listed ecosystem;
Section 8 gives contact details for further information.

DRAFT NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT AMENDMENT BILL, 2011 FOR GENERAL COMMENT

Thu, 08 Dec 2011 13:19:00 GMT

Deadline for submissions: 16h00 on 31 January 2012

Please take note that the Minister of Water and Environmental Affairs has published the Draft National Environmental Management: Integrated Coastal Management Amendment Bill, 2012 for public comment.

This notice was published in Government Gazette 34781, under GeN 840 on 25 November 2011.

Members of the public were invited to submit to the Deputy Director-General of the Department of Environmental Affairs, Branch Oceans and Coasts; written comments to the following addresses:

By post to:
The Director-General: Environmental Affairs
Attention: Mr Milton Ntwana
Private Bag X447
Pretoria, 0001

By fax to:
(012) 320 7561

By e-mail to:
mntwana@environment.gov.za

Hand delivered at:
315 Pretorius Street
Corner Pretorius and Van Der Walt Streets
Fedsure Forum Building
2nd Floor, North Tower
Pretoria

Any person who wishes to submit representations or comments in connection with the Amendment Bill are invited to do so by no later than 16h00 on 31 January 2012. Comments received after the closing date may not be considered.

PURPOSE
· To amend the National Environmental: Integrated Coastal Management Act so as to amend certain definitions;

· To clarify coastal public property and the ownership of structures erected on and in coastal public property;

· To remove the power to exclude areas from coastal public property;

· To simplify and amend powers relating to coastal leases;

· To extend the powers of MEC’s to issue coastal protection notices and coastal access notices;

· To limit the renewal of dumping permits;

· To amend the composition of the National Coastal Committee;

· To clarify the powers of delegation by MEC’s;

· To revise offences and increase penalties;

· To improve authorisation processes; to provide for exemptions;

· To provide for transitional matters;

· To effect certain textual, alterations;

· And to provide for matters connected therewith.

The full document can be accessed on our website

>Member Section
>>Legislation Library
>>> NEM:ICMA

Also note that for your ease of reference, National Environmental Management: Integrated Coastal Management Act, Act 24 of 2008 is also accessible through the Legislation Library. If you are not able to view the latest editions to our site, please ensure that you have registered as a member to gain access to the secure member zone. This is free of charge, and will only take a few minutes.

We trust that this information will serve to be of assistance and that you will not hesitate to contact our offices should you require any further assistance herein.

NATIONAL WASTE MANAGEMENT STRATEGY APPROVED FOR IMPLEMENTATION BY CABINET

Thu, 08 Dec 2011 11:31:00 GMT

Please take note that on 9 November 2011 Cabinet approved the National Waste Management Strategy (hereinafter referred to as “NWMS”).

The full document can also be accessed at on our website >Member Section >>Legislation Library >>> NEM:WA

Also note that for your ease of reference, National Environmental Management: Waste Act, Act 59 of 2008 is also accessible through the Legislation Library. If you are not able to view the latest editions to our site, please ensure that you have registered as a member to gain access to the secure member zone. This is free of charge, and will only take a few minutes.

The NWMS is a legislative requirement of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008) that aims to achieve the objects of the Waste Act. The development of the Strategy marks an important milestone in the process of implementing the Waste Act and in establishing an integrated approach to waste management across government and our broader society.

In a press release the Minister of Water and Environmental Affairs, Ms Edna Molewa said that South Africa faces particular challenges in relation to waste management that require a coordinated effort by government and stakeholders. Addressing these challenges will not be easy, given the capacity and resource constraints we face as a developing country with large income inequalities and competing development priorities. Nevertheless, the implementation of the waste management hierarchy and achievement of the objectives outlined in this strategy is integral to achieving a sustainable future and a better life for all South Africans, emphasised the Minister.

The legacy of inadequate waste services, poorly planned and maintained waste management infrastructure, and limited regulation of waste management, persistently threaten the health and wellbeing of everyone in the country. Addressing this legacy and its negative environmental and social consequences advances people’s constitutional right to a healthy environment. The NWMS aims to redress the past imbalances in waste management.

The development of the NWMS has been guided by a consultative process, including public participation and consultation with relevant national and provincial departments. Involving stakeholders in the process has been more than merely a legislative requirement, since crucial aspects of waste management, such as waste separation and recycling, are performed by households, businesses and organisations outside of government.

Consultation with government departments, provinces and municipalities has ensured that the NWMS is an integrated strategy for the whole of government, and is aligned with institutional capacity and intergovernmental systems.

The objects of the Waste Act are structured around the steps in the waste management hierarchy, which is the overall approach that informs waste management in South Africa. Therefore, the NWMS follows the waste management hierarchy approach.

The waste management hierarchy consists of options for waste management during the lifecycle of waste, arranged in descending order of priority: waste avoidance and reduction, re‐use and recycling, recovery, and treatment and disposal as the last resort.

Implementing the waste management hierarchy and achieving the objects of the Waste Act will require coordinated action by many players, including households, businesses, community organisations, NGOs, parastatals and the three spheres of government.

Implementing the waste management hierarchy requires a shift in consciousness, attitudes and behaviour for businesses, organisations and households. It also requires a country wide infrastructure to enable re‐use and recycling. Partnerships around effective waste management must have concrete expression in local collaboration around initiatives to improve waste management. Industry, organisations and households have a critically important role to play in managing their own waste streams.

The NWMS is structured against a framework of eight goals. An action plan that sets out how the goals and targets will be met forms part of the strategy, and the actions include roles and responsibilities for different spheres of government, industry and the civil society.

The eight goals are:

1. Promote waste minimisation, re‐use, recycling and recovery of waste

2. Ensure effective and efficient delivery of waste services

3. Grow the contribution of the waste sector to the green economy

4. Ensure that people are aware of the impact of waste on their health, well‐being and the environment

5. Achieve integrated waste management planning

6. Ensure sound budgeting and financial management for waste services

7. Provide measures to remediate contaminated land.

8. Establish effective compliance with and enforcement of the Waste Act For each goal a target for 2016 has been stipulated. For instance, under goal two the target for 2016 is 95% of urban households and 75% of rural households must have access to adequate levels of waste collection services and 80% of waste disposal sites must have permits.

The goal to grow the contribution of the waste sector to the green economy intends to stimulate job creation and broaden participation by SMEs as well as marginalised communities in the waste sector. In line with the Green Economy Plan, measures will be implemented to strengthen and expand the waste economy so that it can generate and sustain jobs as well as formalise existing jobs in the waste economy. The targets for 2015 are to create 69 000 new jobs in the waste sector and 2600 additional SMEs and cooperatives participating in waste service delivery and recycling.

Raising awareness levels on issues of waste is also highlighted as a goal in the strategy. This extends to existing platforms, new initiatives, coordinated outreach efforts as well as waste being strengthened as a topic in the school curriculum. It is envisaged that awareness and recognition programmes around waste should ultimately result in visibly cleaner towns and cities, a reduction in illegal dumping, and the successful implementation of separation at source programmes.

Some of the tools identified for the implementation of the NWMS include a waste classification and management system, norms and standards, licensing, industry waste management plans, extended producer responsibility, priority wastes and economic instruments.

Goal 8 which deals with effective compliance with and enforcement of the Waste Act seeks to extend the current Environmental Management Inspectorate’s capacity so that it can enforce the Waste Act. Government will systematically monitor compliance with the Waste Act, which includes regulations published in terms of the Act, licences, industry waste management plans and integrated waste management plans. Business and civil society have a vital role to play in creating a culture of compliance, and in reporting instances of non‐compliance.

The NWMS will be implemented from the date of approval, but most activities will only start in 2012.

We trust that this information will serve to be of assistance and that you will not hesitate to contact our offices should you require any further assistance herein.

NATIONAL ENVIRONMENTAL COMPLIANCE AND ENFORCEMENT REPORT 2010/11 LAUNCHED BY THE DEPARTMENT OF ENVIRONMENTAL AFFAIRS

Thu, 08 Dec 2011 11:37:00 GMT

Please take note that the Department of Environmental Affairs officially launched the National Environmental Compliance and Enforcement Report (hereinafter referred to as “NECER”) 2010/11 on Thursday, 03 November 2011.

The full document can also be accessed at on our website

>Member Section
>>Legislation Library
>>> NECER

Also note that for your ease of reference, previous NECER reports are also accessible through the Legislation Library. If you are not able to view the latest editions to our site, please ensure that you have registered as a member to gain access to the secure member zone. This is free of charge, and will only take a few minutes.

The objective of the NECER is to provide a national overview of environmental compliance and enforcement activities undertaken by the relevant institutions across the country during the period 01 April 2010 to 31 March 2011.

The report reflects the work of all environmental compliance and enforcement officials operating at a national and provincial level, with certain sections focusing particularly on the Environmental Management Inspectorate (EMI - Green Scorpions).

The Environmental Management Inspectorate is a network of environmental compliance and enforcement officials from different government departments (national and provincial). EMI's are popularly referred to as the Green Scorpions. The Inspectorate was created when an amendment to the National Environmental Management Act, 107 of 1998 (NEMA) came into effect on 1 May 2005.

The 2010-11 report is the 04th National Compliance and Enforcement Report to be published. The project was initiated in conjunction with commencement of the Environmental Management Inspectorate and the report represents the work of 9 provincial environmental and 4 provincial parks authorities, DEA, Sanparks and the Isimangaliso Wetland Park Authority.

Objectives of the Report
· To raise awareness amongst a wide range of stakeholders (including regulatory authorities, the public, NGOs as well as the regulated community) of the activities and performance of the environmental compliance and enforcement sector.
· To provide a comparison on key compliance and enforcement indicators between various EMI Institutions and between financial years (within institutions).

Report Methodology and Approach
· Excel spread sheet reporting template designed and agreed upon through MINTECH WGIV;
· Reporting template includes numerous data fields/performance indicators related to compliance and enforcement activities;
· At the end of each financial year, DEA requests the reporting institutions to submit their templates;
· Data is collated, analysed and a consolidated national report is compiled.

Report Constraints
· The national report is a relatively new publication (4th year) and EMI institutions are constantly working to improve the accuracy of the statistics reflected therein;
· The report is compiles solely on the input received by the reporting institutions – no independent verification/auditing process takes place;
· The performance indicators are purely output driven (i.e. number of inspections, investigations etc.) – have not yet reached the stage where outcome analysis can be performed and included.

Report Content
The report includes sections dealing with:
· Compliance and enforcement capacity in the country;
· Enforcement (criminal, administrative, civil) and compliance monitoring activities (proactive, reactive inspections);
· Most prevalent types of environmental crimes per institution;
· Legislation;
· Court cases and sentences relating to environmental matters
· Capacity-building interventions and joint operations with key stakeholders

Capacity – Building: Magistrates/ Prosecutors
· During the course of 2010/11, 67 magistrates and 177 prosecutors received training/awareness-raising interventions aimed at developing their capacity to understand the nature, scope, impacts and legislation related to environmental crimes.
· This included the advanced training course of prosecutors which focussed on those prosecutors that have been identified by the NPA as undertaking environmental crime prosecutions.

Pro-active Compliance Inspections
Proactive compliance monitoring and enforcement work in relation to the following priority sectors is on-going:
· Ferro-Alloy, Steel and Iron Sector
· Refineries Sector
· Cement Sector
· Paper and Pulp Sector
· Health Care Risk Waste Treatment / Disposal
· Hazardous landfill sites
· Power Generation

Highlights from this report include the following:
· As at the end of 2010/11, there are 1076 EMIs. Besides SANPARKS which has 603 EMIs, there are 413 operational compliance and enforcement EMIs that are divided into the following sub-sectors: 183 are responsible for pollution, waste and EIA; 229 are responsible for biodiversity and protected areas; and a single EMI is responsible for integrated coastal management.
· There has been a 31.27 % decrease in the number of reported environmental incidents, from 5 739 in 2009/10 to 3 944 in 2010/11.
· 736 criminal dockets were registered, 234 criminal cases were handed to the NPA for prosecution, and 72 criminal convictions were reported in the 2010/11 financial year.
· 547 administrative notices were issued, including 266 pre-compliance notices.
· There has been a 40% (6) decrease in the number of civil court applications launched as compared to the 10 launched in the 2009/10 financial year.
· There has been a slight decline in the total amounts paid in respect of section 24G administrative fines from R8 874 966.10 in 2009/10 to R8 364 870 in 2010/11.
· A decrease in the number of proactive inspections from 5 701 in 2009/10 to 2 196 in 2010/11 reflecting a decline of 61.48%.
· A slight decline in the total number of reactive inspections from 596 in 2009/10 to 558 in the 2010/11 financial years.
· A dramatic increase in follow-up inspections conducted from 283 in 2009/10 to 833 in 2010/11.
· An increase in the total number of inspections that required enforcement actions to be taken from 289 in 2009/10 to 433 in 2010/11.
· SANPARKS recorded the highest number of criminal dockets registered (250) with 28 of those handed to the NPA, followed by Ezemvelo KZN Wildlife with 168 criminal dockets; and thirdly the Limpopo provincial department with 83 dockets registered. The lowest numbers of criminal dockets registered were in the Western Cape, Mpumalanga and Eastern Cape provincial departments.
· Limpopo recorded the highest number of arrests (832) by EMIs and they also handed 51 criminal dockets to NPA.
· Eastern Cape collected the highest amount of admission of guilt fines (J534s) amounting to R262 600.
· Mpumalanga has recorded the highest number of administrative enforcement tools with 58 pre-compliance notices and pre-directives and 60 final compliance notices and directives.
· The Western Cape provincial department issued 76 warning letters, the highest compared to other EMI Institutions.
· Gauteng recorded the highest amount collected through the issuing of S24G fines, being R3 597 370 from 43 cases.
· Highest sentence of direct imprisonment without a fine option: 10 years without option of fine (Limpopo).
· Highest sentence for a pollution and waste case: Acc 1: R2 million of which R1 million suspended for 5 years; Acc 3: R100 000 of which R50 000 suspended for 3 years (DEA).
· Highest number of Section 24G fines: 58 issued of which 43 of them were paid amounting to R3 597 370 (Gauteng).
· The highest number of administrative enforcement notices issued: 118 (Mpumalanga).

We trust that this information will serve to be of assistance and that you will not hesitate to contact our offices should you require any further assistance herein. Please take note that the Department of Environmental Affairs officially launched the National Environmental Compliance and Enforcement Report (hereinafter referred to as “NECER”) 2010/11 on Thursday, 03 November 2011.

NATIONAL CLIMATE CHANGE RESPONSE WHITE PAPER

Tue, 25 Oct 2011 06:52:00 GMT

NATIONAL CLIMATE CHANGE RESPONSE WHITE PAPER
Please take note that the National Climate Change Response White Paper was published on 13 October 2011.

We have for ease of reference included the Executive Summary of the this white paper, and the full document can be accessed at http://www.info.gov.za/view/DynamicAction?pageid=623&myID=315009 [CTRL + click to follow this link].

EXECUTIVE SUMMARY
Climate change is already a measurable reality and along with other developing countries, South Africa is especially vulnerable to its impacts. This White Paper presents the South African Government’s vision for an effective climate change response and the long-term, just transition to a climate-resilient and lower-carbon economy and society. South Africa’s response to climate change has two objectives:

· Effectively manage inevitable climate change impacts through interventions that build and sustain South Africa’s social, economic and environmental resilience and emergency response capacity.

· Make a fair contribution to the global effort to stabilise greenhouse gas (GHG) concentrations in the atmosphere at a level that avoids dangerous anthropogenic interference with the climate system within a timeframe that enables economic, social and environmental development to proceed in a sustainable manner.

This response is guided by principles set out in the Constitution, the Bill of Rights, the National Environmental Management Act, the Millennium Declaration and the United Nations Framework Convention on Climate Change. These principles are detailed in section 3.

The overall strategic approach for South Africa’s climate change response is needs driven and customised; developmental; transformational, empowering and participatory; dynamic and evidence-based; balanced and cost effective; and integrated and aligned.

In terms of strategic priorities, the White Paper sets out South Africa’s climate change response strategy to achieve the National Climate Change Response Objective in a manner consistent with the outlined principles and approach and which is structured around the following strategic priorities: risk reduction and management; mitigation actions with significant outcomes; sectoral responses; policy and regulatory alignment; informed decision making and planning; integrated planning; technology research, development and innovation; facilitated behaviour change; behaviour change through choice; and resource mobilisation. See section 4 for details of the elements of the response policy.

In terms of adaptation, the National Climate Change Response includes a risk-based process to identify and prioritise short- and medium-term adaptation interventions to be addressed in sector plans. The process will also identify the adaptation responses that require coordination between sectors and departments and it will be reviewed every five years. For the immediate future, sectors that need particular attention are water, agriculture and forestry, health, biodiversity and human settlements. Resilience to climate variability and climate change-related extreme weather events will be the basis for South Africa’s future approach to disaster management and we will use region-wide approaches where appropriate. Section 5 expands on the adaptation part of the response policy.

South Africa’s approach to mitigation, which is addressed by section 6 of the response policy, balances the country’s contribution as a responsible global citizen to the international effort to curb global emissions with the economic and social opportunities presented by the transition to a lower-carbon economy as well as with the requirement that the country successfully tackles the development challenges facing it.

The key elements in the overall approach to mitigation will be:

· Using a National GHG Emissions Trajectory Range, against which the collective outcome of all mitigation actions will be measured.

· Defining desired emission reduction outcomes for each significant sector and sub-sector of the economy based on an in-depth assessment of the mitigation potential, best available mitigation options, science, evidence and a full assessment of the costs and benefits.

· Adopting a carbon budget approach to provide for flexibility and least-cost mechanisms for companies in relevant sectors and/or sub-sectors and, where appropriate, translating carbon budgets into company level desired emission reduction outcomes.

· Requiring companies and economic sectors or sub-sectors for which desired emission reduction outcomes have been established to prepare and submit mitigation plans that set out how they intend to achieve the desired emission reduction outcomes.

· Developing and implementing a wide range and mix of different types of mitigation approaches, policies, measures and actions that optimise the mitigation outcomes as well as job creation and other sustainable developmental benefits. This optimal mix of mitigation actions will be developed to achieve the defined desired emission reduction outcomes for each sector and sub-sector of the economy by ensuring that actions are specifically tailored to the potential, best available solutions and other relevant conditions related to the specific sector, sub-sector or organisation concerned.

· The deployment of a range of economic instruments to support the system of desired emissions reduction outcomes, including the appropriate pricing of carbon and economic incentives, as well as the possible use of emissions offset or emission reduction trading mechanisms for those relevant sectors, sub-sectors, companies or entities where a carbon budget approach has been selected.

· A national system of data collection to provide detailed, complete, accurate and up-to-date emissions data in the form of a Greenhouse Gas Inventory and a Monitoring and Evaluation System to support the analysis of the impact of mitigation measures.

In addition to the direct physical impacts of climate change, there are also secondary economic impacts where South Africa may be economically vulnerable to response measures - measures taken both internationally and nationally, to reduce GHG emissions. As discussed in section 7, Government will take a multi-pronged approach to addressing and managing response measures, especially in respect of those that may have negative economic impacts.

A suite of Near-term Priority Flagship Programmes consisting of both new initiatives and the scaling up of existing initiatives will be implemented while the first sectoral desired emission reduction outcomes and carbon budgets are being developed and initial adaptation interventions prioritised. This component is addressed in section 8.

For job creation, as described in section 9, the National Climate Change Response aims to limit jobs contraction to those areas of the economy where excessive carbon intensity is unsustainable, whilst promoting and expanding the green economy sectors. The National Climate Change Response also aims to promote investment in human and productive resources that will grow the green economy. To do this, Government will assess the vulnerability of the different economic sectors to climate change and develop Sector Job Resilience Plans.

To mainstream climate-resilient development, section 10 notes that all Government departments and state-owned enterprises will need to review the policies, strategies, legislation, regulations and plans falling within their jurisdictions to ensure full alignment with the National Climate Change Response within two years of the publication of this policy. On the basis of the outcome of these reviews, government will determine what adjustments need to be made to achieve alignment with the goals and objectives of the National Climate Change Response, and will identify any additional legislative or regulatory measures that are needed. The National Climate Change Response itself will be reviewed every five years from the publication of this policy.

All sectors of the South African society will take part in the effort to mainstream climate-resilient development. Existing institutional arrangements, such as the Cabinet Clusters, the National Planning Commission, the Forum of South African Directors-General, the Parliamentary Portfolio Committee on Water and Environment Affairs, the Inter-Ministerial Committee on Climate Change, the Intergovernmental Committee on Climate Change and the multi-stakeholder National Committee on Climate Change will be used to drive this new policy direction.

Government departments will start communicating with citizens about climate change to inform and educate them and to influence their behavioural choices. This includes setting up and maintaining early warning systems so that people can take specific actions to reduce risks to themselves, their households and property.

South Africa needs to mobilise financial, human and knowledge resources to effectively address climate change. To this end, Government will use existing financial institutions and instruments and it will help to develop new ones. This includes international financial assistance specifically for climate change response actions. During the initial period of transition to a climate-resilient and lower-carbon economy and society, Government will establish an interim climate finance coordination mechanism to secure the necessary resources for priority programmes. See section 11 for further details on resource mobilisation.

To formulate effective responses to climate change, South Africa needs a country-wide monitoring system to measure climate variables at scales appropriate to the institutions that must implement climate change responses.

To monitor the success of responses to climate change, and to replicate the ones that have worked well, we need to measure their cost, outcome and impact. To this end, South Africa will, within two years of the publication of this policy, design and publish a draft Climate Change Response Monitoring and Evaluation System. Although the Climate Change Response Monitoring and Evaluation System will be based on South African scientific measurement standards and will be undertaken through the Presidency’s Outcomes-Based System, it is expected that the system will evolve with international Measuring, Reporting and Verification requirements.

Section 12 details the systems needed to monitor and evaluate climate change and our responses to it.

--end executive summary from National Climate Change Response White Paper --

RESPONSE FROM THE PORTFOLIO COMMITTEE ON WATER AND ENVIRONMENTAL AFFAIRS IN THE PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA: NATIONAL CLIMATE CHANGE RESPONSE WHITE PAPER
The Portfolio Committee on Water and Environmental Affairs held public hearings, in March 2011, on the National Climate Change Response Green Paper 2010 that was released for written comment by Ms. Ednah Molewa MP, the Minister of Water and Environmental Affairs, in Government Gazette 33801 Notice 1083 of 2010, dated 25 November 2010. The substantive insights offered at these hearings provided departmental officials an opportunity to incorporate substantial changes to the Green Paper and formulate an informed and improved White Paper.

The Portfolio Committee invited all interested stakeholders to submit written comments on the National Climate Change Response White Paper, by not later than 16h00, on 20 October 2011. Public hearings are targeted for October/November 2011 and will probably commence around 25 October to 11 November 2011, with the Departmental briefings taking place on 18 and 19 October 2011.

It was reiterated that the Portfolio Committee on Water and Environmental Affairs retains the right to regulate its own proceedings, including the right to decide whether to allow oral representations in respect of any submission, and the format, procedure and duration of any oral representation.

Electronic submissions can be made at: tmadubela@parliament.gov.za <mailto:tmadubela@parliament.gov.za>
For enquiries, contact Ms Madubela: 021 403 3713 or 083 304 9586.

--issued by Adv Johnny de Lange, MP: Chairperson: Portfolio Committee on Water and Environmental Affairs on 30 September 2011--
It is worth noting that the Portfolio Committee on Water and Environmental Affairs held the Climate Change White Paper: Department of Environment Affairs briefing on 18 October 2011, as planned, with the Chairperson presiding over this meeting being Mr J De Lange (ANC) - Lucinda.

We trust that this information will serve to be of assistance and that you will not hesitate to contact our offices should you require any further assistance herein.

We look forward to your positive feedback!

Best regards,
Lucinda
"Innovation comes only from readily and seamlessly sharing information rather than hoarding it." Tom Peters

Petroleum Products Act 120 of 1977

Tue, 11 Oct 2011 07:34:00 GMT

AMENDMENT OF THE REGULATIONS IN RESPECT OF PETROLEUM PRODUCTS - The Minister of Energy has made the regulations as set out in the schedule to the said notice. Published under Notice No. R 837, Government Gazette 9600, dated 4 October 2011.

New SANS Codes - ISO 11140-3:2007

Tue, 11 Oct 2011 09:29:00 GMT

Title Sterilization of health care products -- Chemical indicators -- Part 3: Class 2 indicator systems for use in the Bowie and Dick-type steam penetration test

New SANS Codes - SANS 1126

Tue, 11 Oct 2011 09:40:00 GMT

Vehicle jacks - Specifies requirements for the design, construction, performance and labelling of vehicle jacks designed to raise vehicles. Does not include devices that raise entire vehicles which include hydraulic trolley jacks.

·	Effectively manage inevitable climate change impacts through interventions that build and sustain South Africa’s social, economic and environmental resilience and emergency response capacity.
·	Make a fair contribution to the global effort to stabilise greenhouse gas (GHG) concentrations in the atmosphere at a level that avoids dangerous anthropogenic interference with the climate system within a timeframe that enables economic, social and environmental development to proceed in a sustainable manner.

·	Using a National GHG Emissions Trajectory Range, against which the collective outcome of all mitigation actions will be measured.
·	Defining desired emission reduction outcomes for each significant sector and sub-sector of the economy based on an in-depth assessment of the mitigation potential, best available mitigation options, science, evidence and a full assessment of the costs and benefits.
·	Adopting a carbon budget approach to provide for flexibility and least-cost mechanisms for companies in relevant sectors and/or sub-sectors and, where appropriate, translating carbon budgets into company level desired emission reduction outcomes.
·	Requiring companies and economic sectors or sub-sectors for which desired emission reduction outcomes have been established to prepare and submit mitigation plans that set out how they intend to achieve the desired emission reduction outcomes.
·	Developing and implementing a wide range and mix of different types of mitigation approaches, policies, measures and actions that optimise the mitigation outcomes as well as job creation and other sustainable developmental benefits. This optimal mix of mitigation actions will be developed to achieve the defined desired emission reduction outcomes for each sector and sub-sector of the economy by ensuring that actions are specifically tailored to the potential, best available solutions and other relevant conditions related to the specific sector, sub-sector or organisation concerned.
·	The deployment of a range of economic instruments to support the system of desired emissions reduction outcomes, including the appropriate pricing of carbon and economic incentives, as well as the possible use of emissions offset or emission reduction trading mechanisms for those relevant sectors, sub-sectors, companies or entities where a carbon budget approach has been selected.
·	A national system of data collection to provide detailed, complete, accurate and up-to-date emissions data in the form of a Greenhouse Gas Inventory and a Monitoring and Evaluation System to support the analysis of the impact of mitigation measures.