Dear clients and subscribers

The press release by the DEA on 4 September 2014 declaring that the “one environmental system” for mining is still earmarked for commencement on 8 December 2014, raised some eyebrows. We're not engaging in that debate in respect of the NEMA here, although we have taken a position on the matter.

However, a discussion piece that appears to be missing in the ensuing debate is the commencement, at least, of the regulatory shift in respect of residue stockpiles and deposits to the NEMWA. In commencement with the National Environmental Laws Amendment Act 25 of 2014 (the so called “NEMLA 3”), it appears that there is a disjuncture between what government did, and what it wished it had done. This much is also evident from the press release. Under these circumstances, advice from the regulatory authorities is bound to be misaligned with the true legal position. But then, one must also consider the implications of swimming upstream.

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

NATIONAL LEGISLATION

Environmental and Mining

NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT (10/2004): ALIEN AND INVASIVE SPECIES REGULATIONS 2014
Published under GNR 598 on 01 August 2014
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NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT (10/2004): ALIEN AND INVASIVE SPECIES LIST 2014
Published under GNR 599 on 01 August 2014
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WORLD HERITAGE CONVENTION ACT (49/1999): PROCEDURE FOR THE NOMINATION OF WORLD HERITAGE SITES IN THE REPUBLIC OF SOUTH AFRICA
Published under GNR 638 on 15 August 2014
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NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003): PROPER ADMINISTRATION OF SPECIAL NATURE RESERVES, NATIONAL PARKS AND WORLD HERITAGE SITES AMENDMENT REGULATIONS, 2014
Published under GNR 622 of 15 August 2014
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NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT (10/2004): DELEGATION OF POWERS AND DUTIES UNDER SECTION 87A (1) (A) OF THE ACT
Published under GNR 640 on 22 August 2014
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NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT (10/2004): DELEGATION OF POWERS AND DUTIES UNDER SECTION 87A (1) (B) OF THE ACT
Published under GNR 639 on 22 August 2014
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NATIONAL ENVIRONMENTAL MANAGEMENT ACT (107/1998): DRAFT NATIONAL APPEAL REGULATIONS
Published under GNR 709 on 22 August 2014
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NATIONAL ENVIRONMENTAL MANAGEMENT ACT (107/1998): ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS
Published under GNR 733, 734, 735, 736, 737 on 29 August 2014
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NATIONAL FOREST ACT (84/1998): LIST OF PROTECTED TREE SPECIES UNDER THE ACT
Published under GNR 650 on 29 August 2014
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Health and Safety

OCCUPATIONAL HEALTH AND SAFETY ACT (85/1993) AND CONSTRUCTION REGULATIONS 2014: NOTICE REGARDING THE APPLICATION OF THE CONSTRUCTION REGULATIONS 2014
Published under GNR 647 on 29 August 2014
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PROVINCIAL LEGISLATION

Kwazulu-Natal

KZN HERITAGE ACT (4/2008): NOTICE IS HEREBY GIVEN THAT AMAFA/HERITAGE KWAZULU- NATAL IS CONSIDERING PERMIT APPLICATIONS FOR ACTIONS ON PROPERTIES/ SITES
Published under PN 183 on 28 August 2014
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LOCAL LEGISLATION

West Coast District Municipality

WEST COAST DISTRICT MUNICIPALITY: AIR- QUALITY MANAGEMENT BY-LAWS
Published in Western Cape Provincial Gazette 7170 of 6 September 2013 Commencement of section 14 proclaimed by PG 7296 on 8 August 2014
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