ENACTMENT
NATIONAL ENVIRONMENTAL MANAGEMENT LAWS AMENDMENT ACT

MacRobert wishes to draw your attention to the following important notice published
Monday, 02 June 2014

The President has assented to the National Environmental Management: Laws Amendment Act 25 of 2014 ("Amendment Act"), which amends the National Environmental Management Act 107 of 1998 ("NEMA"), the National Environmental Management: Waste Act 59 of 2008 ("NEMWA") and the National Environmental Management Amendment Act 62 of 2008.

The Amendment Act amends and inserts various provisions in the NEMA, including, inter alia,-

• The appointment of environmental mineral resource inspectors by the Minister of Mineral Resources;
• The restriction on granting of condonation in respect of the time periods associated with appeals lodged in terms of the NEMA; and
• Enabling the Director-General of Mineral Resources to issue a directive in terms of section 28 of the NEMA.

The Amendment Act also amends and inserts various provisions in the NEMWA, including, inter alia -

• Enabling the Minister of Environmental Affairs to prohibit or restrict the granting of a waste management licence in a specified geographical area; and
• Providing that the Minister of Mineral Resources is the licencing authority for a waste management activity which relates to, inter alia, prospecting and exploration or residue deposits and residue stockpiles.

NB: One of the major amendments affected by the Amendment Act is that the NEMWA is now also applicable to residue deposits and residue stockpiles.

The Amendment Act commences 3 months from the date of publication (i.e. on 2 September 2014).

For any queries please contact our environmental and mining law division at the details below.

Kenneth Cameron
(012) 425 3514
kcameron@macrobert.co.za

Caroline Pepermans
(012) 425 3522
cpepermans@macrobert.co.za