NEMA / MPRDA AND NWA AMENDMENTS

tubacitychiropractorManagement

Nov 8, 2013 (3 years and 11 months ago)

222 views

JOINT PRESENTATION


ON MINE ENVIRONMENTAL MANAGEMENT



10

SEPTEMBER 2013


NEMA / MPRDA AND NWA AMENDMENTS




1

OUTLINE


List of Acronyms


Purpose of the presentation


Problem statement


Introduction and Background


Agreements


Earlier amendments


2011 Agreement


Status Quo/ Differences


Inter
-
Departmental Project Implementation Committee
(IPIC)


MPRDA Bill 2013


NEMA Bill 2013

2

OUTLINE ...2

3


Water Legislation


Sub
-
ordinate
legislation


Joint initiatives by the three Departments


Capacity Implications for Implementation


Implementation date


Additional Amendments required in terms of
NEMA


Outline 3

4


Additional Amendments required in terms of NEM:WA


Additional Amendments required in terms of MPRDA


Concluding Remarks





LIST OF ACRONYMS



DEAT


Department of Environmental Affairs and Tourism


DEA


Department of Environmental Affairs


DME


Department of Minerals and Energy


DMR


Department of Mineral Resources


EA


Environmental Authorisation


E&T


Environmental
A
ffairs and Tourism


EIA


Environmental Impact Assessment


M&E


Minerals and Energy


MPRDA


Minerals and Petroleum Resources Development
Act



5

LIST OF ACRONYMS ...2

6



NEMA


National Environmental Management Act


SEMA


Specific Environmental Management Act


GN


Government Notice


GG


Government Gazette

PURPOSE OF THE PRESENTATION

7


To
inform the
Portfolio Committee's on Water and Environmental
Affairs and on Mineral Resources on:


the history that
informed the
National Environmental Management
Laws Amendment Bill, 2013 and the Mineral and Petroleum
Resources Development Amendment Bill, 2013, and


the
content of the Bills as far as it relates to environmental matters
and the progress made on subordinate legislation to date.


Report on the work of the three Departments, in line with the
agreement on aligning the licensing systems for mine
environmental management.


The combined approached in line with the work of the
Interdepartmental Project Implementation Committee.

PROBLEM STATEMENT

8


Environmental aspects of exploration, prospecting, mining and
production activities (mining activities) are currently regulated in
terms of the MPRDA.


Mining activities currently require a mining permit, including an
EMPR (DMR) a water use licence (DWA), and,
for listed
activities occurring in a mining area
, an environmental
authorisation and/or waste management licence, and/or air
emission licence (DEA). Licences may also be required in terms
of the ICM Act.


These laws have their own process and information requirements
and there is currently a lack of integration.

INTRODUCTION AND BACKGROUND


During the 2002


2008 process of amending the Mineral
and Petroleum Resources Development Act, an agreement
was reached between the Ministers of DEA & DMR, which
intended to:


Adopt an integrated mine environmental management system.


Align the MPRDA with NEMA.



The agreement included the:


Repeal of all the mine environmental management provisions, through the
MPRD Amendment Act;


Transfer of MPRDA environmental provisions to NEMA to create a unified law
and system covering environmental impact management;


Provision in NEMA for an 18
month

window period for the implementation of
the environmental provisions relating to mining, prospecting, exploration &
production.

9

INTRODUCTION AND BACKGROUND


In principle, the 2008 agreement is as follow:


One system


prescribed by NEMA


Minister of M&E retain mandate as designated competent
authority to implement environmental system related to
mining
and mining areas
;


Minister of EA&T instated as appeal authority in mining related
environmental authorisations


to enable the Minister
responsible for the environment to exercise the function of
custodian of the environment;


Transition from the MPRDA managed system to NEMA 18
months from the date where
both

the NEMA and MPRDA
Amendment Bills
are

in force.


10

INTRODUCTION AND BACKGROUND ...2


During March & April 2008, the agreement was considered and
elaborated in various political
fora

before being submitted to a
joint meeting of the then EA &T and M&E portfolio committees.


The agreement was adopted by the joint portfolio committees
meeting with the following addition:

-

After 18 months of implementation, the environmental
management function related to mining will, in its entirety, be
transferred to the environmental authority.


11

INTRODUCTION AND BACKGROUND ...3


In order to give effect to the agreement, the following legislative
and regulatory changes were required:


In terms of “one system”


The MPRDA was amended by:


Repealing all provisions related to environmental management;


Making granting of prospecting / mining / reconnaissance applications
subject to environmental authorisations (one of the granting conditions);


The NEMA was amended by:


Inclusion of environmental management provisions of the MPRDA currently
not adequately covered by NEMA (e.g. financial provisions for rehabilitation;
closure; etc.);


Allowing for alignment of processes;


Legislate timeframes for the review of environmental authorisations;


Result


environmental management regulated by NEMA only.



12

INTRODUCTION AND
BACKGROUND ...4


In terms of competent authority
-

NEMA was amended by:


Assigning competence to the Minister of Minerals and Energy for the
implementation of the environmental management system (not to formulate
environmental policy, regulations, guidelines and norms & standards).


Environmental management regulated by NEMA only but, for mining,
implemented by DME.


In terms of appeal authority
-

NEMA was amended by:


Assigning the Minister of Environmental Affairs and Tourism as the appeal
authority for all environmental authorisations that were issued for mining
related activities by the Minister of Minerals and Energy.


In terms of transition


NEMA and MPRDA were amended to provide for transitional arrangements of an 18
month period.


Within NEMA, included a provision to transfer the Minister of M&E’s environmental
authorisation competence to the Minister of EA&T within 3 years.


13

INTRODUCTION AND
BACKGROUND ...5


In terms of the EIA Regulations
:


Inclusion of content requirements for Environmental
Management Programmes and Plans; community consultation;
etc (previously in MPRDA);


Listing of Mining (exploration, prospecting; mining, and
associated activities in Mining areas)


Included in Basic Assessment and Scoping and Environmental
Impact Report lists to 2010 EIA Regulations


Assigning Competent Authority as per NEMA provisions (section
24C)


Prescribe an Appeal process


14

LEGISLATION FLOWING FROM THE 2008
AGREEMENT



Legislative and Regulatory amendments to give effect to agreement
were included in the:


National Environmental Management Amendment Act, 2008 (Act No.
62 of 2008) (came into effect on 1 May 2009)


Mineral and Petroleum Resources Development Amendment Act,
(came into effect on7 June 2013)


Environmental Impact Assessment Regulations, 2010 (GN R543, GG
33306, came into effect on 18 June 2010) (Entered into force on 2
August 2010)


The activities lists in terms of section 24(2) of NEMA (GN R544, R
545, R546


GG33306 of 18 June 2010. (Entered into force on 2
August 2010)


15

2011 AGREEMENT


Ministers met again during 2011 to further discuss mining related
matters and alignment of legislative requirements .


A workshop on the amendment of the legislation was held
between the Departments of DEA, Water Affairs and Mineral
Resources on 26 July 2011.


Resulted in an options report to the Ministers.


The Ministers preferred option 2:


The 2008 agreement without the final transfer of the function to Environmental
Affairs


Added: D
ifferent authorisation processes resulting from the agreement must
be preferably integrated, if not possible, aligned


Added
: a last addition was to pay specific attention to mining in ecologically
sensitive areas


16

INTER
-
DEPARTMENTAL PROJECT IMPLEMENTATION
COMMITTEE (IPIC)


17

LEGISLATION

PROPOSED OPTIONS


OPTION 1

Move environmental function to DEA.

-

Posed
Constitutional challenges in that it
wanted to
devolve powers on
regulating environmental matters to provinces
as they pertain to the
mining sector.

-

Legislative
amendments
needed to
be done on NEMA, NWA and
MPRDA.

-

Disintegrated
licensing
system.


RECOMMENDED

OPTION

OPTION 2

Keep the function at DMR

-

This will create and integrated and streamlined licensing system.

-

Legislative
amendments
required in the MPRDA
, NWA and NEMA.

-
Timeframe
alignment with
Department of Water Affairs (DWA)
on
Water
Use Licenses (WULs).

OPTION 3

Leave functions where they are in the three Departments


-
Legislative amendments are required in NEMA, MPRDA and the NWA.

-

It will not give effect to a streamlined licensing system.

STATUS QUO / DIFFERENCES


The current agreement between the three Departments as
reflected in the two Amendment Bills currently before
Parliament differs from the 2008 agreement in the following
respects:


The mining related environmental function will not be transferred
to the Minister of DEA but implemented by the Minister of DMR in
terms of the NEMA, but


The Minister of Environmental Affairs will remain the appeal
authority for environmental mining activities;


The
alignment of regulatory processes
was added to the scope
of the agreement; and


Provides for Mining restriction in ecologically
sensitive

areas

18

STATUS QUO / DIFFERENCES ...2


Mining will be subjected to
an Environmental Authorisation
process
(EIA in terms of NEMA)


This will replace the Environmental Management Plan or Programme (EMP
or EMPR) process undertaken as a pre
-
condition for the Mining Permit or
Right in terms of the MPRDA and the NEMA process for ancillary listed
activities,


The NEMA process will be authorised by Minister of DMR (competent
authority).


The Minister of DMR may appoint Mineral Resource Inspectors, with all the
powers of an environmental management inspector to enforce environmental
laws as far as it relates to mining.


The
mining right and mining permit
will follow the MPRDA
authorisation process and are issued by Minister DMR.


The Environmental Authorisation and WUL processes would be triggered by
the application for the mining right.


Therefore, processes will run in parallel to align and streamline the issuing of
various decisions.


19

INTER
-
DEPARTMENTAL PROJECT
IMPLEMENTATION COMMITTEE (IPIC)

20


The IPIC in March 2012 has been tasked to elaborate the
technical detail of this agreement. To date the IPIC had 7
meetings.


The IPIC comprises reps from DMR, DEA (and provinces) and
DWA;


Task teams have been established;


Appeals and Legislative Amendments TT,


Co
-
ordinated Timeframes TT,


Capacity TT,


Enforcement TT,


Joint Planning TT, and


Communication TT


21


Appeals and Legislative Amendments TT

streamline Acts, regulations and
appeals processes;


Enforcement TT


enforceability of legislation to ensure greater
compliance;


Co
-
ordinated Timeframes TT


time frames and processes between the
respective laws;


Capacity TT
-

capacity to ensure effective implementation;


Communication TT


developed a comprehensive communication strategy
for the project;


Joint Planning TT


sharing and co
-
ordination of spatial information
relating to mining, protected areas, world heritage sites and other areas of
possible overlaps.
































INTER
-
DEPARTMENTAL PROJECT
IMPLEMENTATION COMMITTEE (IPIC) ...2

MPRDA BILL 2013


In 2010, the “Strategy for Sustainable Growth and
Meaningful Transformation of South Africa’s Mining
Industry” was adopted;


The Strategy identified amongst others fragmented
licensing mechanisms as one of the key binding constraints
to the global competitiveness of the industry;


Consequently, Minister of Mineral Resources and Minister
Water and Environmental Affairs agreed on modalities to
streamline licensing requirements for mining.


This alignment process has been given effect to in the
MPRDA Amendment and NEMA Amendment Bills which
are currently before Parliament.


22

NEMA BILL 2013


The main aim of NEMLA Bill is to ensure further alignment
between the MPRDA, NEMA, NEMWA, the NEMA
Amendment Act, 2008, the MPRD
A

Amendment Act, 2008
and also to reflect the further agreements reached between the
Departments.


When considering the amendments, these pieces of legislation
must be read together.



The NEMLA Bill is summarised as follows:


Minister of

DMR is the competent authority to issue environmental
authorisations on prospecting, mining, exploration or production
activity (confined to the area for which the right has been applied for);


State Departments will have to provide comments within
30 days
on
applications for environmental authorisations as opposed to
40 days
currently stated in NEMA;


23

NEMA BILL 2013 ...2


The Minister of DMR is empowered to appoint
Environmental
Mineral Resources Inspectors
for the compliance monitoring and
enforcement of NEMA and NEMWA in relation to mining activities;


The amendments to the National Environmental Management: Waste Act,
2008 (Act. No. 59 of 2008) regulate the
management and control of
residue deposits and residue stock piles
from an environmental
perspective, to be implemented by the Minister of Mineral Resources.


The amendment to NEMAA provide for a
transitional arrangement
process

on pending environmental related appeals lodged under the
MPRDA to be finalised under that Act, and for appeals lodged after the
commencement of the NEMLA Bill to be processed in terms of NEMA, as
amended.


The repeal of section 13 and Schedule to NEMAA to clarify that the
environmental management function in mining areas do
not transfer
the environmental function

as far it relates to mining activities to the
Department of Environmental Affairs after 36 months.



24

WATER LEGISLATION


No amendments are required to the National Water Act with
respect to the licensing process.



There is a policy process currently under way at DWA.



Regulations have been drafted to allow the alignment of
permitting systems.



The amendments in this regard, do not include timeframes or
processes relating to appeals.




The NWA will require amendments to address amendments to the
appeal process.


25

SUB
-
ORDINATE LEGISLATION /
REGULATIONS


Existing environmental impact assessment regulations and listing
notices require amendments to


The time frames as agreed to between the three Departments.


To indicate the Minister of DMR as the competent authority


Listed activities for mining


Appeal procedures and timeframes


The DEA has drafted the amendments. The amendments will be
ready for public consultation within the next four months. The
regulations need to be in force by
8 December 2014.


26

Proposed Process: S&EIR Process
ito

NEMA & ICM Act

Draft Scoping
Report

7 days : Acknowledge & accept or reject

30 days public participation

10 days for EAP to incorporate PP comments



47 days

7 days: Acknowledge

35 days accept or reject







42 days

30 days Public Participation




250 DAYS (Non
-

substantive)

Application

Scoping Report

60 days

Draft EIR & Draft
EMPr

14 days to finalise



30 days

EIR and
EMPr


300 DAYS (Substantive)

Pre
-
application

(Optional)

No substantive
changes to Draft

Substantive changes
to Draft

7 days Acknowledge


50 days PP if substantially


Different form Draft

30 days Accept or Reject



Review Committee

Review Committee



60


days



14

days



193 days

+

NEMA EA DECISION

(20 Days after acceptance of
EIR & EMPR)

MPRDA Application
Accepted



20 days



57 days if Non substantive


107 days if substantive

AEL
PROCESS





AEL
DECISION


DMR
Continues to
process
MPRDA
application


BEE
Proposal


Mine Health
and Safety

DMR
Finalises
recommend
ation for
MWP

BEE

MH&S



GENERAL AUTHORISATION OR
NEMAQA PROCESS

ENVIRONMENTAL
AUTHORISATION APPEAL
FINALISED (60


90 days)

MPRDA DECISION

EA, WASTE,
AEL and WUL
decisions
prerequisite
for MPRDA
decision

APPEAL ON EA DECISION
PREREQUISITE FOR
MPRDA DECISION

WASTE
PROCESS







GENERAL AUTHORISATION OR
NEMWA PROCESS

WASTE
DECISION

DWA
PROCESS







GENERAL AUTHORISATION OR NWA
PROCESS

WUL
DECISION

WASTE,
AEL, DWA
PROCESS





Proposed Process: BAR Process
ito

NEMA & ICM

Draft Basic
Assessment

7 days : Acknowledge +

30 days public participation



30 days



147
DAYS (Non
-

substantive)
197 Days (Substrantive)


Applicatio
n

60 days

Final BAR, including
Final
EMPr

Pre
-
application (Optional)

No substantive
changes to Draft

Substantive changes
to Draft

7 days Acknowledge


50 PP if substantially different


from Draft

30 days Accept or Reject





57 days if Non substantive


107 days if substantive

Review Committee

MPRDA Application
Accepted

Draft
EMPr





60 days


90 DAYS



ENVIRONMENTAL AUTHORISATION APPEAL
FINALISED (60
-
90 days)

Waste, AEL,
WUL
DECISION

MPRDA DECISION

+

+


DMR
Continues to
process
MPRDA
application


BEE
Proposal


Mine Health
and Safety

DMR
Finalises
recommend
ation for
MWP

BEE

MH&S

GENERAL AUTHORISATION
OR NWA PROCESS

NEMA EA DECISION

(20 Days after acceptance of
BAR)



20 days

EA, Waste,
AEL and WUL
decision
prerequisite
for MPRDA
decision

Appeal on EA decision prerequisite for
MPRDA decision






29


Participation in the Interdepartmental Project Implementation Committee (IPIC) on
integrating the licensing systems


Joint inspections for compliance monitoring on NWA, MPRDA and NEMA


Development of the Mining and Biodiversity Guidelines


Consideration of mining and sensitive areas such as World Heritage Sites


Implementation of the Inter
-
Ministerial Committee (IMC) Report on Acid Mine Drainage
(AMD)


Development of relevant regulations for effective implementation of integrated licensing
system


Investigation of Consequences and Implications for the alignment of the licensing and
regulatory systems and legislative amendments

CAPACITY IMPLICATIONS FOR IMPLEMENTATION

No.

Task Team

HR

Training

Office
Space

Workstations
& other tools

Finance

1.

Capacity

DMR

Av.

Av.

Av.

Av.

Av.

DEA

Av.

Av.

Av.

Av.

Av.

DWA

Av.

Av.

Av.

Av.

Av.

2.

Communication

DMR

-

-

-

R 5

000 000

R 5

000 000

DEA

-

-

-

R 5

000 000

R 5

000 000

DWA

-

-

-

R 5

000 000

R 5

000 000

3.

Enforcement

DMR

-

-

-

-

R 44 700 000

DEA

Av.

Av.

Av.

Av.

Av.

DWA

Av.

Av.

Av.

Av.

Av.

4.

Appeals and
legislative
amendments

DMR

Av.

Av.

Av.

Av.

Av.

DEA

10

-

-

-

R 3 089 523

DWA

Av.

Av.

Av.

Av.

Av.

5.

Timeframes
alignment

DMR

69

-

-

-

R 16 200 000

DEA

Av.

Av.

Av.

Av.

Av.

DWA

Av.

Av.

Av.

Av.

Av.

6.

Joint planning

DMR

Av.

Av.

Av.

Av.

Av.

DEA

Av.

Av.

Av.

Av.

Av.

DWA

Av.

Av.

Av.

Av.

Av.

Sub
-
Total

DMR

69

-

-

R 5

000 000

R 65

900 000

DEA

10

-

-

R 5

000 000

R 8

089 523

DWA

-

-

-

R 5

000 000

R 5

000 000

Grand Total

79

-

-

R 15

000 000

R 78 989 523

30

IMPLEMENTATION DATE


The Mineral Petroleum Resources Development Amendment Act,
2008 entered into force on 7 June 2013 and therefore the period
of the first 18 month alluded to above already commenced.


The two Departments should therefore be ready to implement the
legislation by
8 December 2014
, which make the NEMLA
amendment urgent as it is a section 76 Bill, while the MPRDA
amendment Bill is a section 75 Bill.


To ensure that the authorisation processes associated with mining
are aligned, all four acts (NWA, NEMA/ NEMWA and MPRDA)
need to be amended and aligned.


The Department of Water Affairs drafted regulations to align the
time frames for water use licences in line with the current
agreement. The appeals process is different from those of the
other two Departments and amendments to the National Water
Act, 1998 is required to change the process.

31

Additional legislative amendment s
required in terms of the NEMA

32

Section

Issue

Proposed text

1

Review definition of “applicant”


牥浯癥m⡢⤠扥捡畳攠楴i楳i
獵灥牦汵r畳u慮搠湯琠捯牲散e

“applicant” means a person who has submitted
[
-
]

or who intends to submit an application for an
environmental authorisation;

[(a) or who intends to submit an application
for an environmental authorisation; or

(b) an application for an environmental
authorisation simultaneously with his or her
application for any right or permit in terms of
the Mineral and Petroleum Resources
Development Act, 2002;]

1

Environmental authorisations
-

delete latter part “and include a
獩浩污爠慵瑨r物獡瑩r渠
捯湴敭灬慴敤a楮⁡⁳灥捩晩挠
environmental management
Act.

Section 1 of the Principal Act is hereby amended
by the substitution for the definition of
“environmental authorisation” of the following
摥晩湩瑩潮:

“environmental authorisation”, when used in
䍨C灴敲p㔬R浥m湳n瑨攠慵瑨潲楳慴楯i 批⁡b
捯浰c瑥湴t慵瑨潲t瑹 潦o愠汩獴敤⁡捴楶楴i 潲
獰散楦楥s⁡捴楶楴i 楮⁴敲浳i潦o瑨楳t䅣A
[, and
includes a similar authorisation contemplated
in a specific environmental management Act]
;

Additional legislative amendment s
required in terms of the NEMA

33

Section

Issue

Proposed text

1

Check definition of “community”.
Include “community” interested
慮搠慦晥f瑥搠灡牴y⁤敦楮楴 潮⸠
Should definition of “community”
扥 慭敮摥d⸠

“community”─

⡡⤠浥慮s 慮y 杲潵瀠潦⁰o牳r湳 潲⁡⁰o牴 潦⁳oc栠愠
杲潵瀠睨漠o桡牥rc潭浯渠楮瑥牥i瑳Ⱐ慮搠睨漠牥条牤r
瑨敭s敬e敳 慳⁡⁣ 浭m湩瑹㬠慮d

⡢⤠楮i牥污瑩潮r敮v楲潮浥n瑡氠浡瑴敲e⁰敲瑡楮楮 瑯t
灲潳灥c瑩湧Ⱐ浩湩m本g數灬p牡瑩潮Ⱐ灲潤畣瑩潮 潲o
牥污瑥r 慣瑩v楴y 潮 愠灲as灥c瑩湧Ⱐ浩湩m本g數灬p牡瑩潮
潲⁰牯o畣瑩潮 慲敡Ⱐ浥慮s
慮 楮瑥牥i瑥搠慮搠慦晥f瑥搠
灡牴y⁡湤

愠杲a異 潦⁨楳瑯物捡汬y⁤楳 摶慮瑡t敤e
灥牳r湳 睩瑨⁩湴敲ns琠潲⁲楧i瑳⁩渠愠灡牴楣i污爠慲敡 潦o
land on which the members have or exercise
communal rights in terms of an agreement, custom
or law: Provided that where as a consequence of the
provisions of this Act, negotiations or consultations
with the community is required, the community shall
include members or part of the community directly
affected by prospecting, mining, exploration or
production on land occupied by such members or
part of the community;

Additional legislative amendment s
required in terms of the NEMA

34

Section

Issue

Proposed text

1

Regional Mining
Development and
Environmental Committee.

Remove reference to Regional Mining
Development and Environmental
Committee which is still used in sections
24N and 24O of the Act as it will not play
any role in terms of decisions.

24O(2)

Replace Department with
EAP or insert EAP.

“(2) The Minister, the Minister of Minerals
慮搠䕮敲杹Ⱐ慮I䵅䌠
[or]

identified
competent authority
or an environmental
assessment practitioner

must consult with
every State department that administers a
law relating to a matter affecting the
environment when he or she considers an
application for an environmental
authorisation.”

Additional legislative amendment s
required in terms of the NEMA

35

Section

Issue

Proposed text

43(1A)

Any person may appeal to the
Minister of Environmental
Affairs against decision taken
by the Minister of Mineral
Resources.

“(1A) Any person may appeal to the Minister
慧慩湳琠愠摥捩獩潮 瑡k敮 批b瑨攠M楮楳瑥爠潦
[Minerals and Energy]

Mineral Resources or
any person acting under a power delegated by
the Minister of Mineral Resources

in respect of
an environmental management programme or
environmental authorisation.”.

剥癩敷映瑨攠䕮v楲i湭敮瑡氠
浡湡来浥m琠灬慮p楳s略搠楮i
瑥牭猠潦 瑨攠M偒䑁Ⱐ扥景牥r
㠠8散敭扥爠㈰ㄳ m畳琠扥
done in terms of NEMA.

Section 12 of the National Environmental
Management Amendment Act, 2008 is hereby
amended by the addition of the following
subsections:


(8) An environmental management
programme or environmental management
plan approved in terms of section 39 of the
Mineral and Petroleum Resources
Development Act, 2002 must be reviewed in
terms of the National Environmental
Management Act, 1998.
”.

Additional legislative amendment s
required in terms of the NEMA

36

Section

Issue

Proposed text

43

Allow for categorising of
appeals

To be drafted

43

Allow for extension of
regulated

appeal time frames
on agreement between
Ministers

To be drafted

43

Condonation

clause: Limit
Scope and time frames

To be drafted

Additional legislative amendment s
required in terms of the NEMA

37

Section

Issue

Proposed text

28(4), (5),
(7), (8),
(9) and

(12)

The Director
-
General of
the Department of Mineral
Resources should be
given powers to issue a
directive in terms of
section 28(4).

Clause 12 of
NEML Second Amendment
Bill
:

Insert the words “Director General of the
Department of Mineral Resources” in
獥捴楯渠㈸⠴⤬2⠵EⰠ⠷EⰠ⠸EⰠ⠹EⰠ⠱㈩映
久䵁.

A⁣潮瑲慶敮瑩潮映愠
捲楴敲楡爠捯湤n瑩t渠
楮捬畤敤 慮a楮獴牵浥湴r
慤潰瑥搠楮⁴敲i猠潦o瑨攠
new s24(5)(
b
B
) included in
the National Environmental
Laws Second Amendment
Bill must be included in
offence provisions.

Clause 25 of NEML

Second Amendment
Bill
:


⡥E 晡f汳⁴漠捯浰m礠y楴i 愠a物瑥物愠r爠
捯湤n瑩t渠n灥p楦i敤e批 瑨攠䵩M楳瑥爠潲⁍䕃o
in any regulation made under section
24(5)(
b
B
)
;”

Additional legislative amendment s
required in terms of the NEMWA

38

Section

Issue

Proposed text

79A

Delegation by Minister of

Mineral
Resources

79A. Delegation by Minister of Mineral Resources



(1) The Minister responsible for mineral resources
may delegate a function entrusted to him or her in
terms of this Act to
-

(a)

the Director
-
General of the Department of Mineral
Resources; or

(b) any official or to the holder of a specific post in
the Department of Mineral Resources.



(2) A delegation in terms of subsection (1)
-

(a) must be in writing;

(b) may be made subject to any condition;

(c) does not prevent the performance of the function
by the Minister of Mineral Resources himself or
herself; and

(d) may be withdrawn by the Minister of Mineral
Resources.”.

Additional legislative amendments
-

NEMWA

39

Section

Issue

Proposed text

Absence of provision similar to

NEML
Second Amendment Bill to
prohibit
the undertaking of activities in
specified geographical areas.

A provision similar to the newly inserted s24(2A) (clause
5(c)) in the National Environmental Management Laws
Second Amendment Bill [B 13─2013] should be
捯湳楤敲敤.

43















Amendment to section 43


Align with
24C amendment. Include activities
and the residue stockpiles in the
listing notices.







Waste information system applies to
stock piles.

Clause 10 of the National Environmental Management
Laws Amendment Bill [B 26─2013] amends section 43 to
楮i敲琠s畢s散瑩潮 ⠱䄩⁴漠敮s畲攠瑨慴t瑨攠䵩湩t瑥爠潦⁍楮敲o氠
剥s潵牣rs c潮瑩湵敳 慳楣i湳楮i 慵瑨潲楴y 景爠瑨潳攠睡s瑥t
浡湡来m敮e 慣瑩v楴楥i⁩湶潬o楮i 牥r楤i攠摥灯s楴s 慮搠
牥r楤i攠s瑯tk 灩汥p⸠ 周攠睯牤楮r 灲潰潳敤 景爠瑨攠
c潭灥瑥湴t慵瑨潲楴y 楮⁴桥 久䵌A
䵩湩M朩g慮搠瑨攠
NEMWA should be the same.


Waste information regulations are applicable to those
waste management activities listed in Annexure 1 to the
regulations. Mostly is the generators hazardous waste. We
may need to give the Minister of Mineral Resources the
power/ obligation similar to that of the MEC in s62 of the
Act.



Additional legislative amendments
-

NEMAQA

40

Section

Issue

Proposed text

40 (3)

Alignment of issuing of an Air
Emission License with the time
frames of the Environmental
Authorisation

issued by the Minister of
Mineral Resources in a mining area

Where the Minister responsible for Mineral Resources is
the competent authority in terms of section 24C of NEMA

and an provisional Air Emission License is required in
terms of this Act the Licensing Authority must decide the
application within the timeframes prescribed in terms of
Chapter 5 of NEMA

Where the Licensing Authority fails to comply with the
prescribed timeframes

in terms of Chapter 5 of NEMA the
MEC or Minister may intervene

Additional legislative amendment s
required in terms of the MPRDA

41

Section

Issue

Proposed text

11

Transfer of MPRDA permit or right
may also require amended EA
in
terms of
NEMA. The written consent
of the DMR Minister will be for
amending the right
in terms of
MPRDA
and the amended EA will be
in terms
of
NEMA.

No wording change required if there is an understanding
that an amendment to a right
in terms of
MPRDA will also
require as a prerequisite the obtaining of an amended
environmental authorisation.

16(4)

Reference to submission of
environmental reports required
in
terms of
Chapter 5 of NEMA within 60
days: prospecting right will require
basic assessment
in terms of
NEMA.
No reports are submitted on day 60
in
terms of
NEMA. The application, draft
BAR and draft
EMPr

are submitted
with the application (day 1), and the
final BAR and
EMPr

is submitted on
day 90. What should be submitted to
DMR on day 60 as required by this
section?

(a)
to apply for an environmental authorisation
and any
other authorisation

required in terms of a Specific
Environmental Management Act
and
submit relevant
environmental reports in terms of Chapter 5 of the
National Environmental Management Act, 1998, within
the prescribed period.”.

Additional legislative amendment s required in terms of the
MPRDA

42

Section

Issue/Comment

Proposed text

17(1
)

23(2)(d)

27(6)(b)

75(1)(c)

Should read “and an EA
has been

issued”. The EA
扥楮i 楳i略搠浵s琠扥 愠灲a
-
牥煵楳楴攠扥景牥f愠
䵐剄A⁲楧i琠c慮 扥 楳i略搠


as agreed to by the
respective Ministers on 20 August 2013.

“and an environmental
慵瑨潲楳t瑩潮 桡s 扥敮 楳i略d

慮搠
睨敲攠瑨e

敮v楲潮浥湴n氠
慵瑨潲楳t瑩潮

桡s⁢敥渠
慰灥慬a搬

愠摥c楳楯渠潮 瑨攠
慰灥慬a桡s 扥敮 楳i略搠批⁴桥
䵩湩M瑥爠潦⁅湶楲潮浥湴慬n
䅦晡楲s
”.

17(1)(g)

23(2)(
i
)

27(6)(f)

80(1)(g)

How will the ability to comply with this requirement
be checked or verified by DMR?

“the applicant has obtained
灥牭楳r楯i 慳⁲敱畩牥u 楮⁴敲浳
潦⁴桥 乡瑩潮慬at慴敲a䅣琬 ㄹ㤸
(Act No. 36 of 1998).”.

㌲⠳E

周楳is散瑩潮 牥晥牳r瑯⁥tv楲潮浥n瑡氠慵瑨潲楳t瑩潮
c潮摩瑩潮d 牥浡楮楮i 楮⁰污i攮e䥳⁩f 慰灲潰物慴攠瑯t
桡v攠瑨楳⁩渠䵐剄A⁡ ⁥湶楲潮浥湴n氠浡瑴敲e
s桯畬u 扥 摥慬琠睩瑨⁩渠久䵁.

Add the words “in terms of
䍨慰瑥爠㔠潦⁴桥 乡瑩潮慬a
䕮v楲潮浥湴慬n䵡湡来m敮e 䅣琬
1998” after the words
“environmental authorisation
issued”.

Additional legislative amendment as
required in terms of the MPRDA

43

Section

Issue/Comment

Proposed

text

43(13)

Closure will require
environmental
authorisation
in terms of
NEMA.
MPDRA must refer to such EA being
required.

43 (4) An application for a closure certificate
must be made to the Regional Manager in
whose region the land in question is situated
… and such Regional Manager must notify the
applicant in writing to apply for an
environmental authorisation in terms of the
National Environmental Management Act,
1998, and submit the relevant environmental
reports within the prescribed period.”.



㐳 ⠱㌩

䥮f敲琠⡤⤺

“No closure certificate may be issued unless
慮 敮v楲潮浥湴n氠慵瑨潲楳t瑩潮 桡s 扥敮
楳i略搠楮i瑥牭猠潦o瑨攠乡瑩潮慬a䕮v楲潮浥湴慬n
Management Act, 1998.”.

Additional legislative amendment as
required in terms of the MPRDA

44

Section

Issue/Comment

Proposed text

56

Why has expiry been deleted?

What will happen with the MPRDA right
etc. in the instance where the EA which
is a prerequisite for MPRDA
permits/rights etc. is
suspended/withdrawn?

Insert (a):

(a)
“the environmental authorisation issued in
瑥牭猠潦⁴桥 乡瑩潮慬a䕮v楲潮浥湴慬n
Management Act, 1998, lapses, is
withdrawn or is suspended;”

74(4)(a)

This refers to reports required
in terms
of
chapter 5 of NEMA but doesn’t
indicate that an EA is required for
reconnaissance


this will be listed
in
terms of
NEMA. EA must be pre
-
requisite. The provisions should
indicate that NEMA EA application
should be lodged after the
reconnaissance permit application is
accepted by DMR (similar as in other
sections).

Replace 74(4)(a) with the following:

“(a) to apply for an environmental authorisation
慮搠s畢浩琠牥汥r慮琠敮v楲潮浥湴慬n牥灯牴s⁩渠
terms of Chapter 5 of the National
Environmental Management Act, 1998, within
the prescribed period.”.

Additional legislative amendment as
required in terms of the MPRDA

45

Section

Issue/Comment

Proposed text

79(4)(b)

Exploration will require S&EIR
in terms
of
NEMA. Submission of
environmental reports
in terms of
NEMA are submitted on application
(application for and draft scoping
report) followed by submission of draft
EIR and
EMPr

on day 149 Reference
to 120 days not clear what should be
submitted to DMR on day 120

to apply for an environmental authorisation and
submit relevant environmental reports in terms
of Chapter 5 of the National Environmental
Management Act, 1998, within the prescribed
period.”.

83(4)(b)



Production right requires S&EIR
in
terms of
NEMA


submission of
reports on day 1 and day 149. What
should be submitted on day 180?

to apply for an environmental authorisation and
submit relevant environmental reports in terms
of Chapter 5 of the National Environmental
Management Act, 1998, within the prescribed
period.”.

Additional legislative amendment as
required in terms of the MPRDA

46

Section

Issue/Comment

Proposed text

27(8)(a)









85(2)

If a production right is subject to EA,
renewal thereof will also be subject to
EA requirement.

27(8)

“A mining permit (a) is valid…and may be
牥湥睥搠f潲ot桲敥h灥物潤猠敡捨e 睨楣栠m慹潴
數e敥搠潮攠祥慲 潮o捯湤楴楯渠t桡h 慭敮摥搠
environmental authorisation has been issued”.



㠵⠲8

“(e) Include an amended environmental
authorisation.”.

96(1)(b)

Section 96 starts off by saying that this
refers to a decision in terms of this Act


meaning the MPRDA. No appeal on a
decision issued
in terms of
the MPRDA
will be dealt with
in terms of
NEMA.
Subsection (1)(b) suggests that appeals
on MPRDA decisions where the appeal
relates to environmental matters will
also be considered by the Minister of
W&EA
in terms of
NEMA


which is not
correct.

Delete 96(1)(b)

Additional legislative amendment as
required in terms of the MPRDA

47

Section

Issue/comment

Proposed text

102(1)

The wording suggests that the
initial environmental
authorisation must be obtained
in terms of
NEMA but that
consent of the DMR Minister is
sufficient to obtain an
amendment thereof. An
amendment of an EA process is
prescribed
in terms of
NEMA.
The written consent will be over
and above that.

No wording change required if there
is an understanding that an
amendment to a right
in terms of
MPRDA will also require as a
prerequisite the obtaining of an
amended environmental
authorisation.

Additional legislative amendment as
required in terms of the MPRDA,
NEMLA and NWA (if applicable)

48

Section

Issue/comment

Proposed text

NEW

Extraordinary clause making
any future amendments to
provisions

and regulations of
the above acts dealing with
environmental management of
mining subject to (a) agreement
between the affected Ministers
and (b) approval by Parliament

To be drafted

ADVANTAGES

49


Processes of applications of respective authorisations will run
parallel instead of sequential


with sequential decision
making.


Mining authorisation, water use licence and environmental
authorisation will be issued within the allocation timeframes.


Another major benefit will be the promotion of compliance
through providing and better coordinating the licensing
systems.


Integrated environmental management promoted.


Potential to restrict mining in agreed sensitive areas.


CONCLUDING REMARKS


Legislative amendments have been effected to both the NEMA and
the MPRDA.


Work in the different Task Teams of the IPIC is continuing.


The three Departments are putting together systems for effective
implementation of the integrated permitting system


NEMA, NWA and the MPRDA amendment processes are being
finalised for implementation of Option 2 of the Matrix.


Additional legislative amendments required in terms of DWA,
DMR and DEA Acts.


50

THANK YOU

51