Dear clients and subscribers

You will shortly receive a newsflash on proposed regulations to be issued, amongst others, in respect of the future management of Residue Stockpiles and Deposits in terms of the NEMWA.

If the mining industry had any hope that future Residue Stockpiles and Deposits would by virtue of these provisions be automatically exempted from the Norms and Standards for Disposal of Waste to Landfill under the NEMWA, such hopes are clearly diminishing. Section 4 of the proposed regulations (which is otherwise similar to the current Regulation 73 to the MPRDA) reads as follows:

"(4) The pollution control barrier system shall be defined by the-

(a)  Waste Classification and Management Regulations, 2013;
(b)  National Norms and Standards for the Assessment of Waste for Landfill                        Disposal, 2013; and
(c)  National Norms and Standards for Disposal of Waste to Landfill, 2013."

The only remaining options for avoiding compliance with the Norms and Standards (and the associated liners systems) now lie with either:

• an exemption under section 74 of the NEMWA, or
• a motivation for alternative standards under section 19(3)(a) [potentially combined with an exemption application]; or
• motivation for "exclusion" in terms of further proposed  regulations.

In terms of the latter proposed regulations, a motivation may be submitted for the exclusion of a waste stream or portion of a waste stream from the very definition of waste under section 1 of the NEMWA. A newsflash on these proposed regulation will also follow shortly.

Kind regards
Kenneth Cameron
(kcameron@macrobert.co.za)

NATIONAL LEGISLATION

Environmental and Mining

NATIONAL WATER ACT (36/1998): PROPOSED CLASSES OF WATER RESOURCES FOR THE CATCHMENTS OF THE OLIFANTS-DOORN
Published under GNR 843 on 3 October 2014
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NATIONAL WATER ACT (36/1998): PRELIMINARY ALLOCATION SCHEDULE FOR COMPULSORY LICENSING PUBLISHED IN TERMS OF S46(1), FOR S21(a), (b) AND (d) WATER USE IN THE MHLATHUZE CATCHMENT
Published under GN 883 on 14 October 2014
» Read more

WATER SERVICES ACT (108/1997): DISESTABLISHMENT OF PELLADRIFT WATER BOARD
Published under GN 810 on 15 October 2014
» Read more

WATER SERVICES ACT (108/1997): EXTENSION OF AREA OF SEDIBENG WATER
Published under GN 811 on 15 October 2014
» Read more

GUIDELINE ON NEED AND DESIRABILITY IN TERMS OF THE ENVIRONMENTAL IMPACT ASSESSMENT (EIA) REGULATIONS, 2010
Published under GN 891 on 20 October 2014
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NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT (39/2004): DRAFT NATIONAL AIR QUALITY APPEAL REGULATIONS
Published under GN 915 on 24 October 2014
» Read more

MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT (28/2002): PROHIBITION UNDER SECTION 49(1) OF THE ACT AGAINST GRANTING OF NEW APPLICATIONS FOR PROSPECTING RIGHTS, MINING RIGHTS, RECONNAISSANCE PERMISSION AND MINING PERMITS
Published under GN 922 on 31 October 2014
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NATIONAL ENVIRONMENTAL MANAGEMENT ACT (107/1998): REGULATIONS PERTAINING TO THE FINANCIAL PROVISION FOR THE REHABILITATION, CLOSURE AND POST CLOSURE OF PROSPECTING, EXPLORATION, MINING OR PRODUCTION OPERATIONS
Published under GN 940 on 31 October 2014
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NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT AMENDMENT ACT (36/2014
Published under GNR 862 on 31 October 2014
» Read more

PROVINCIAL LEGISLATION

Gauteng

DRAFT GAUTENG NATURE CONSERVATION BILL 2014: FOR PUBLIC COMMENTS
Published under PN 3176 on 1 October 2014
» Read more

NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003): DECLARATION OF AN AREA AS THE ROODEPOORT NATURE RESERVE
Published under PN 3503 on 29 October 2014
» Read more

NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003): DECLARATION OF AN AREA AS THE RIETVLEI NATURE RESERVE
Published under PN 3504 on 29 October 2014
» Read more

NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003): DECLARATION OF AN AREA AS THE KLAPPERKOP NATURE RESERVE
Published under PN 3505 on 29 October 2014
» Read more

NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003): AMENDMENT OF BOUNDARIES OF GROENKLOOF NATURE RESERVE
Published under PN 3506 on 29 October 2014
» Read more

NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003): DECLARATION OF AN AREA AS THE VOORTREKKER MONUMENT NATURE RESERVE
Published under PN 3507 on 29 October 2014
» Read more

NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003): DECLARATION OF AN AREA AS THE LEEUWFONTEIN NATURE RESERVE
Published under PN 3508 on 29 October 2014
» Read more

Limpopo

NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003): CORRECTION NOTICE: DECLARATION OF VARIOUS LAND PARCELS AS NATURE RESERVES
Published under PN 10 on 31 October 2014
» Read more

LOCAL LEGISLATION

Uthungulu District Municipality

WATER SERVICES BY-LAWS
Published under MN 142 in KwaZulu-Natal Provincial Gazette 1261 on 30 October 2014
» Read more

Umjindi Municipality

REVIEW OF EXISTING BY-LAWS
Published under LAN 216 on 24 October 2014
» Read more

Ramotshere Moila Local Municipality

ELECTRICITY SUPPLY BY-LAW
Published under LAN 189 on 8 October 2014
» Read more