Enviromac Issue 30 - October 2015

Below we refer to the National Environmental Management Laws Amendment Bill, 2015, published for public comment. We highlight one feature of this draft legislation.

As the law stands at present, there is some debate as to the status of mining and petroleum production related EMP's or EMPR's which are yet to be approved under the MPRDA. Even though it is obligatory to complete such applications under the repealed law, the position had been held in various circles that such an approval would not result in the holder now also being deemed to hold an Environmental Authorisation in terms of the NEMA. While there is wide support for this notion in the plain wording of various provisions, it does create certain absurd results. It is perhaps not surprising therefore that the Bill seeks to amend and add a variety of transitional provisions, which would make it clear that such a belatedly approved EMP or EMPR would constitute an approved Environmental Authorisation in terms of the NEMA and, for that matter, also the requisite Waste Management Licence in terms of the NEMWA. Sounds sensible. However, this in turn would create conflicts with certain regulations which may require some further tinkering.

Some confusion may also be created by the various references to 2 and 3 September 2014 as a turning point for both the NEMA and NEMWA related authorisations, as the induction of these two pieces of legislation into the One Environmental System did not follow the same trajectory.

NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT (10/2004): BIODIVERSITY ECONOMY STRATEGY
Published under GNR 965 on 9 October 2015
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NATIONAL ENVIRONMENTAL MANAGEMENT LAWS AMENDMENT BILL, 2015: FOR PUBLIC COMMENT
Published under GNR 986 on 13 October 2015
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NATIONAL ENVIRONMENTAL MANAGEMENT ACT (107/1998): ENVIRONMENTAL IMPACT ASSESSMENT GUIDELINE FOR RENEWABLE PROJECTS
Published under GNR 989 on 16 October 2015
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NATIONAL ENVIRONMENTAL MANAGEMENT ACT (107/1998): DRAFT NATIONAL SOCIAL INFRASTRUCTURE GUIDELINE
Published under GNR 1008 on 23 October 2015
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NATIONAL ENVIRONMENTAL MANAGEMENT ACT (107/1998): AMENDMENT TO ENVIRONMENT IMPACT ASSESSMENT REGULATIONS, 2014 AND LISTING NOTICES 1, 2 AND 3 OF 2015
Published under GNR 1030 on 30 October 2015
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NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT (24/2008): DRAFT DURBAN BAY AND ORANGE RIVER MOUTH ESTUARINE MANAGEMENT PLANS
Published under GNR 1034 on 30 October 2015
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NATIONAL WATER ACT (36/1998): DECLARATION OF THE EXPLORATION AND OR PRODUCTION OF ONSHORE NATURALLY OCCURRING HYDRO-CARBONS THAT REQUIRES STIMULATION AS A CONTROLLED ACTIVITY AND PUBLICATION OF SCHEDULE OF ALL CONTROLLED ACTIVITIES
Published under GNR 999 on 16 October 2015
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NATIONAL WATER ACT (36/1998): REGULATIONS ON AFFORESTATION GENUS EXCHANGES
Published under GNR 1027 on 23 October 2015
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NATIONAL WATER ACT (36/1998): REGULATIONS RELATING TO ACCESS AND USE OF GOVERNMENT WATERWORKS AND SURROUNDING STATE-OWNED LAND FOR RECREATIONAL PURPOSES
Published under GNR 1046 on 30 October 2015
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OCCUPATIONAL HEALTH AND SAFETY ACT (85/1993): DRIVEN MACHINERY REGULATIONS, 2015: CORRECTION NOTICE
Published under GNR 910 on 2 October 2015
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OCCUPATIONAL HEALTH AND SAFETY ACT (85/1993): DRIVEN MACHINERY REGULATIONS, 2015: CORRECTION NOTICE
Published under GNR 913 on 2 October 2015
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NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003): INTENTION TO DECLARE PROPERTIES AS PART OF THE INGULA NATURE RESERVE
Published under PN 74 on 16 October 2015
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NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003): BEACON HILL PROTECTED ENVIRONMENT
Published under PN 3 on 09 October 2015
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NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003): BEAUMONT NATURE RESERVE
Published under PN 4 on 09 October 2015
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NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003): BOSCH BERG NATURE RESERVE
Published under PN 5 on 09 October 2015
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NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003): DECLARATION OF THE NAMBITI PRIVATE GAME RESERVE
Published under PN 6 on 09 October 2015
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NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003): DECLARATION OF THE UMNGENI PLATEAU NATURE RESERVE
Published under PN 7 on 09 October 2015
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NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003): DECLARATION OF THE RED DESERT NATURE RESERVE
Published under PN 8 on 09 October 2015
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NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003): DECLARATION OF THE THANDA PRIVATE GAME RESERVE
Published under PN 9 on 09 October 2015
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NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003): DECLARATION OF THE ROOSFONTEIN NATURE RESERVE
Published under PN 10 on 09 October 2015
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NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003): DECLARATION OF ADDITIONS TO THE ZULULAND RHINO RESERVE
Published under PN 11 on 09 October 2015
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NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003): DECLARATION OF THE DARGLE NATURE RESERVE
Published under PN 12 on 09 October 2015
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NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003): DECLARATION OF THE MDUNA ROYAL GAME RESERVE
Published under PN 13 on 09 October 2015
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NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003): DECLARATION OF THE JAMES WAKELIN GRASSLAND NATURE RESERVE
Published under PN 14 on 09 October 2015
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NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003): DECLARATION OF THE HAWAAN FOREST ESTATE NATURE RESERVE
Published under PN 15 on 09 October 2015
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NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003): DECLARATION OF THE FORT NOTTINGHAM NATURE RESERVE
Published under PN 16 on 09 October 2015
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NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003): INTENTION TO DECLARE ATTACHED RESPECTIVE LAND PARCELS AS NATURE RESERVES
Published under PN 65 and 66 on 02 October 2015
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NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003): DECLARATION OF ATTACHED FARM SCHEDULE AS NATURE RESERVES
Published under PN 70 on 23 October 2015
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ENVIRONMENTAL AFFAIRS AND DEVELOPMENT PLANNING: WESTERN CAPE ENVIRONMENTAL IMPLEMENTATION PLAN 2015-2020
Published under Provincial Gazette 7502 on 2 October 2015
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PUBLIC AND ENVIRONMENTAL HEALTH BY-LAWS
Published under GN 332 in Limpopo Provincial Gazette 2612 on 06 October 2015
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