NATIONAL ENVIRONMENTAL MANAGEMENT ACT: DRAFT NATIONAL APPEAL REGULATIONS 

Title: National Environmental Management Act, 107 of 1998: Draft National Appeal Regulations, 2023. 

Gazette reference: GN 3815 in GG 49189 of 25 August 2023. 

Deadline for comments: 26 September 2023. 

On 25 August 2023, the Minister of Forestry, Fisheries and the Environment published the Draft Regulations Pertaining to the Processing, Consideration of, and Decision on Appeals, in terms of sections 43, 44(1)(b) and 47 of NEMA, for public comment. 

The Regulations are intended to regulate the procedure contemplated in section 43 of the Act relating to the submission, processing, consideration of, and decisions on appeals to the Minister in respect of the Act and any specific environmental management Act. 

Members of the public are invited to submit written comments and inputs on or before 26 September 2023. 

A full copy of the Notice can be accessed here. 

NATIONAL ENVIRONMENTAL MANAGEMENT ACT: INTENTION TO AMEND THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS 

Title: National Environmental Management Act: Consultation on the Intention to Amend the Environmental Impact Assessment Regulations, Listing Notice 1, Listing Notice 2 and Listing Notice 3 of the Environmental Impact Assessment Regulations, 2014 for Activities Identified in Terms of Section 24(2) and 24D of the Act. 

Gazette reference: GN 3773 in GG 49081 of 4 August 2023. 

Deadline for comments: 4 September 2023. 

On 4 August 2023, the Minister of Forestry, Fisheries and the Environment, in terms of section 24(2), 24(5) and 44, read with section 47 of the NEMA, announced that she intends to amend the Environmental Impact Assessment Regulations, 2014, as amended and Environmental Impact Assessment Regulations Listing Notice 1, 2 and 3 of 2014, as amended. 

These proposed amendments relate, among other things, to the inclusion of mining activities, including EMPr and closure plans.  

A copy of the Notice can be accessed here

NATIONAL WATER RESOURCE INFRASTRUCTURE AGENCY BILL, 2023: NOTIFICATION TO INTRODUCE THE BILL, INTO PARLIAMENT AND PUBLICATION OF EXPLANATORY SUMMARY OF THE BILL 

Title: National Water Resource Infrastructure Agency Bill, 2023: Notification to Introduce the Bill into Parliament and Publication of Explanatory Summary of the Bill. 

Gazette reference: GN 3746 in GG 49063, on 1 August 2023. 

Commencement date: TBD. 

On 1 August 2023, the Minister of Water and Sanitation announced his intention to introduce the National Water Resource Infrastructure Bill, 2023 into Parliament. The following Explanatory Summary of the Bill was published: 

The Bill seeks:  

  • To establish a juristic person under the ownership and control of the State in order to administer, fund, finance, develop, operate, maintain, manage and provide advisory services in respect of national water resources infrastructure in an efficient and cost-effective manner to meet the social and economic development needs of current and future water users within the framework of national government policy and in accordance with section 27(1)(b) of the Constitution; 
  • to ensure the sustainable, equitable and reliable supply of water to meet nationally and regionally defined social and economic objectives of government; 
  • to transfer national government waterworks to the Agency;  
  • to alleviate the burden on the State’s resources in water resources development; and 
  • to provide for the disestablishment of the TCTA and the transfer of all its assets, liabilities, rights, obligations, powers, Treaty and non-treaty functions as a going concern into the Agency. 

A copy of the Bill can be accessed at the Department of Water and Sanitation’s website here