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National Environmental Management Act Second Amendment Bill

The bill seeks to amend NEMA for more effective implementation of environmental management. Key changes include expanding definitions, introducing regulations for application fees, enhancing penalties, and streamlining appeals procedures.

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National Environmental Management Act Second Amendment Bill

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  1. National Environmental Management ActSecond Amendment Bill BACKGROUND NOTES ON RATIONALE AND IMPORTANT CHANGES FEBRUARY 2004

  2. Introduction • NEMA was introduced in 1998 • Provides a broad framework for environmental management • ECA 1989 provided for specific measures regarding environmental protection • In 1997 regulations passed requiring EIAs for listed activities • These regulations have been implemented for 6 years now • Section 50 repeals EIA provisions of ECA • NEMA needs amendment to enable effective implementation

  3. Rationale for amending NEMA • To facilitate effective implementation • To remove ambiguity • To provide clarity in terms of process • environmental assessment practitioner • To provide for other IEM tools • To replace ECA provisions

  4. What is new? Definitions expanded to include: competent authority environmental authorization Shift focus from “all activities…” to “listed activities” Identify geographical areas where: specified activities may not commence specified activities could be excluded from authorization

  5. What is new? (cont) Regulations to provide for: application fees to be charged and recovery of costs for specialists review financial security to be requested registered environmental assessment practitioner to perform EIA register of applications to be kept offences and penalties minimum report content

  6. What is new? (cont) • Provision for: • delisting of activities & areas [24B] • minimum conditions for environmental authorizations [24E] • offences and penalties [24F] • emergency incidents • handling of illegal activities [24G] • will apply for 6 months for ECA contraventions • will apply without time restriction for NEMA contraventions • registration authorities to be appointed [24H] • specialist reviewers to be appointed [24I]

  7. What is new? (cont) • Appeals [43] • prescribed fee • can appoint appeal panel • Parliamentary procedure for regulations streamlined [47] • Transitional provisions[50] • Applications under ECA to continue • Minister to ID activities that will remain until MECs publish own lists

  8. Small corrections • Section 24(4) could be contained in regulations • Section 24(8): editorial amendment (“if”) • Section 24F(1): editorial amendment [delete “or (c)”]

  9. Thank you

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