Uncategorised – Environmental and Green Business Attorneys

MINE HEALTH AND SAFETY ACT: GUIDELINE FOR A MANDATORY CODE OF PRACTICE FOR A QUALITY ASSURANCE PROGRAMME FOR A SYSTEM OF OCCUPATIONAL HYGIENE AND VENTILATION ENGINEERING MEASUREMENTS

2 August 202419 September 2024

News MINE HEALTH AND SAFETY ACT: GUIDELINE FOR A MANDATORY CODE OF PRACTICE FOR A QUALITY ASSURANCE PROGRAMME FOR A SYSTEM OF OCCUPATIONAL HYGIENE AND VENTILATION ENGINEERING MEASUREMENTS

Title: Mine Health and Safety Act 29 of 1996 (“MHSA”): Guideline for a Mandatory Code of Practice for a Quality Assurance Programme for a System of Occupational Hygiene and Ventilation Engineering Measurements

Gazette reference: GN 5099 in GG 51003 on 2 August 2024

Commencement date: 1 November 2024

On 2 August 2024, the Chief Inspector of Mines, in terms of section 49(6) read together with sections 9(2) and 9(3) of the MHSA as amended, issued the Guideline for a Mandatory Code of Practice for a Quality Assurance Programme for a System of Occupational Hygiene and Ventilation Engineering Measurements.

The Guideline details elements of quality assurance that must be applied in the occupational hygiene programme and mine ventilation engineering measurements, where the risk assessment of the mine identified the need for the employer to establish and maintain a system of occupational hygiene measurements.

NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT: CONSULTATION ON THE DRAFT SECOND-GENERATION HIGHVELD PRIORITY AREA AIR QUALITY MANAGEMENT PLAN

1 August 202419 September 2024

News NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT: CONSULTATION ON THE DRAFT SECOND-GENERATION HIGHVELD PRIORITY AREA AIR QUALITY MANAGEMENT PLAN

Title: National Environmental Management: Air Quality Act (“NEMAQA”) 39 of 2004: Consultation on the Draft Second-Generation Highveld Priority Area Air Quality Management Plan

Gazette reference: GN 4067 in GG 50985 on 26 July 2024

Deadline for public comments: 26 August 2024

On 26 July 2024, the Minister of Forestry, Fisheries and the Environment, in terms of section 19(4), read with the sections 56 of 57 of the NEMAQA, is inviting comments on the draft second-generation Highveld Priority Area Air Quality Management Plan.

The draft second-generation Highveld Priority Area Air Quality Management Plan builds on the progress of the first-generation plan, and incorporates targeted strategies to manage air quality more effectively and by specific stakeholders, namely:

Any person conducting a listed activity;

Any person operating a controlled emitter;

Any holder of a right or permit related to a prospecting operation, exploration operation, mining operation, or production operation as defined in section 1 of the Mineral and Petroleum Resources Development Act, 28 of 2002;

Any person conducting reclamation; and

Any department of state or administration in the national, provincial, or local sphere of government.

The plan provides interventions and measures aimed at improving air quality through implementation of emission reduction targets by identified stakeholders to attain and sustain compliance with national ambient air quality standards.

NEMA: BIODIVERSITY ACT: PUBLICATION OF THE DRAFT BIODIVERSITY BILL FOR COMMENTS

11 July 2024

News NEMA: BIODIVERSITY ACT: PUBLICATION OF THE DRAFT BIODIVERSITY BILL FOR COMMENTS

Title: National Environmental Management: Biodiversity Act, 10 of 2004 (“NEMBA”): Publication of the Draft National Environmental Management: Biodiversity Bill for Public Comment

Gazette reference: GN 4887 in GG 50706 on 24 May 2024

Deadline for public comments: 23 July 2024

On 23 May 2024, the Minister of Forestry, Fisheries and the Environment published the draft National Environmental Management: Biodiversity Bill (“the Bill”) for public comments.

The Bill will enable:

More effective implementation of the NEMBA’s objectives;

More flexible management of species and ecosystems;

Greater protection for species and ecosystems through the implementation of international agreements and restrictions on wildlife trafficking; and

More effective achievement of economic benefits in the biodiversity sector.

The Bill’s primary purposes are, among others, to:

Provide for the conservation and sustainable use of ecosystems and species;

Provide for the duty of care towards all components of biodiversity and for the well-being of wild animals;

Provide for the development and alignment of biodiversity planning tools;

Provide for the management of invasive species;

Address historical imbalances, enable and facilitate transformation, facilitate cultural practices and achieve equity within the biodiversity sector;

Provide for appropriate measures in response to climate change.

NATIONAL ENVIRONMENTAL MANAGEMENT ACT: CONSULTATION ON THE INTENTION TO ADOPT A STANDARD FOR THE DEVELOPMENT AND EXPANSION OF ELECTRICITY TRANSMISSION

11 July 2024

News NATIONAL ENVIRONMENTAL MANAGEMENT ACT: CONSULTATION ON THE INTENTION TO ADOPT A STANDARD FOR THE DEVELOPMENT AND EXPANSION OF ELECTRICITY TRANSMISSION

Title: National Environmental Management Act, 1998 (Act No. 107 of 1998): Adoption of the Battery Storage Exclusion Norm and Exclusion of Identified Activities Associated with the Development and Expansion of Battery Storage Facilities from the Requirement to Obtain an Environmental Authorisation

Gazette reference: GN 4557 in GG 50387 of 27 March 2024

Commencement date: 27 March 2024

On 27 March 2024, the Minister of Forestry, Fisheries and the Environment adopted the Norm for the Exclusion of Identified Activities Associated with the Development and Expansion of Battery Storage Facilities in Areas of Low or Medium Environmental Sensitivity (“the Norm”), and excluded certain activities identified in terms of section 24 of the NEMA from the requirement to obtain an environmental authorisation, based on compliance with the Norm.

The exclusion will only apply to activities identified in terms of section 24(2)(a) and (b) of the NEMA, subject to compliance with the Norm, while the requirements of any other relevant legislation remain applicable.

The activities which are subject to exclusion relate to the development or expansion of battery storage facilities associated with:

Energy generation; and

Electricity transmission and distribution infrastructure.

The full list of excluded activities can be read in the Norm.

NATIONAL ENVIRONMENTAL MANAGEMENT ACT: CONSULTATION ON THE INTENTION TO ADOPT A STANDARD FOR THE DEVELOPMENT AND EXPANSION OF ELECTRICITY TRANSMISSION

11 July 2024

News NATIONAL ENVIRONMENTAL MANAGEMENT ACT: CONSULTATION ON THE INTENTION TO ADOPT A STANDARD FOR THE DEVELOPMENT AND EXPANSION OF ELECTRICITY TRANSMISSION

Title: National Environmental Management Act, 1998 (Act No. 107 of 1998): Consultation on the Intention to Adopt a Standard for the Development and Expansion of Electricity Transmission and Distribution Power Line Infrastructure and to Exclude this Infrastructure from the Requirement to Obtain an Environmental Authorisation; as well as to Repeal the Standard for the Development and Expansion of Power Lines and Substations within Identified Geographical Areas and the Exclusion Based on this Standard, Published under Government Notice No. 2313 in Government Gazette No. 47095 of 27 July 2022

Gazette reference: GN 4586 in GG 50417 of 28 March 2024

Deadline for public comments: 29 April 2024

On 28 March 2024, the Minister of Forestry, Fisheries and the Environment announced her intention to adopt the Standard for the Development and Expansion of Electricity Transmission and Distribution Power Line Infrastructure, 2024 and to exclude certain activities identified in terms of section 24(2)(a) and (b) of the NEMA from the requirement to obtain environmental authorisation, based on compliance with the Standard.

The exclusion from the requirement to obtain environmental authorisation applies to the development and expansion of the following activities –

Listing Notice 1 (the Environmental Impact Assessment Regulations Listing Notice 1 of 2014) 5.1.1 Activity 11; 5.12. Activity 47; or 5.2

Listing Notice 2 (the Envrironmental Impact Assessment Regulations Listing Notice 2 of 2014): 5.2.1. Activity 9; and

Any activity identified in Listing Notice 1, 2 or 3 necessary for the realisation of such infrastructure in areas identified by the screening tool as being of medium or low environmental sensitivity.

NATIONAL FORESTS ACT: ANNUAL LIST OF TREE SPECIES PROTECTED BY THE ACT

11 July 2024

News NATIONAL FORESTS ACT: ANNUAL LIST OF TREE SPECIES PROTECTED BY THE ACT

Title: National Forests Act, 1998 (Act No. 84 of 1998): Publication of the Annual List of All Tree Species which are Protected under Section 12 of the Act

Gazette reference: GN 4496 in GG 50291 of 13 March 2024

Commencement date: 13 March 2024

On 13 March 2024, the Minister of Forestry, Fisheries and the Environment published the list of all protected tree species, which are declared protected in terms of section 12 of the National Forests Act, 1998 (“NFA”). The effect of the declaration is that –

No person may –

Cut, disturb, damage or destroy any protected tree; or

Possess, collect, remove, transport, export, purchase, sell, donate or in any other manner acquire or dispose of any protected tree, or any forest product derived from a protected tree, except –

i) under a license granted by the Minister; or

ii) in terms of an exemption from the provisions of this subsection published by the Minister on the advice of the Council.

In terms of section 62(2)(c) of the NFA, any person who contravenes this commits a first category offence. A person who is guilty of a first category offence may be sentenced to a fine or imprisonment for a period of up to three years, or to a fine and such imprisonment.

NATIONAL ENVIRONMENTAL MANAGEMENT ACT: AMENDMENT TO REGULATIONS ON SPATIAL TOOLS AND ENVIRONMENTAL MANAGEMENT INSTRUMENTS

11 July 2024

News NATIONAL ENVIRONMENTAL MANAGEMENT ACT: AMENDMENT TO REGULATIONS ON SPATIAL TOOLS AND ENVIRONMENTAL MANAGEMENT INSTRUMENTS

Title: National Environmental Management Act, 1998 (Act No. 107 of 1998): Amendments to the Regulations laying down the Procedure to be Followed for the Adoption of Spatial Tools or Environmental Management Instruments

Gazette reference: GN 4494 in GG 50289 of 13 March 2024

Commencement date: 13 March 2024

On 13 March 2024, the Minister of Forestry, Fisheries and the Environment published, in terms of section 24(5)(bA) of the National Environmental Management Act (“NEMA”), amendments to the Regulations laying down the procedure to be followed for the adoption of spatial tools or environmental management instruments (published on 5 April 2019 in GNR 542).

The Regulations have been amended to delete any reference to spatial tools, among other minor amendments.

BIODIVERSITY ACT: NON-DETRIMENT FINDINGS FOR CERTAIN SPECIES LISTED IN TERMS OF INTERNATIONAL TRADE IN ENDANGERED SPECIES

11 July 2024

News BIODIVERSITY ACT: NON-DETRIMENT FINDINGS FOR CERTAIN SPECIES LISTED IN TERMS OF INTERNATIONAL TRADE IN ENDANGERED SPECIES

Title: National Environmental Management: biodiversity Act, 2004 (Act No. 10 of 2004): Consultation on Non-Detriment Findings for Certain Species Listed in Terms of the Convention on International Trade in Endangered Species of Wild Fauna and Flora

Gazette reference: GN 4473 in GG 50258 of 5 March 2024

Commencement date: 5 March 2024

On 5 March 2024, the Minister of Forestry, Fisheries and the Environment published the non-detriment findings for certain species listed in terms of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, 1973, as made by the Scientific Authority in terms of the National Environmental Management: Biodiversity Act (“NEMBA”).

Section 61 of the Biodiversity Act provides that the Scientific Authority must monitor the legal and illegal trade in specimens of listed threatened or protected species, advise the Minister on the matters that it monitors and make non-detriment findings on the impact of actions relating to the international trade of the specimens. The obligation of the scientific authority in terms of the CITES is to advise, through a non-detriment finding whether the import or export of specimens of species included in Appendix I of the CITES Convention, or the export of specimens of species included in Appendix II of the CITES Convention, will not be detrimental for the survival of the species involved.

The Scientific Authority has managed to conduct non-detriment findings for all South Africa’s widely traded CITES listed species.

INTENTION TO ADOPT ENVIRONMENTAL MANAGEMENT INSTRUMENTS TO EXCLUDE CERTAIN ACTIVITIES FROM ENVIRONMENTAL AUTHORISATION REQUIREMENT

11 July 2024

News INTENTION TO ADOPT ENVIRONMENTAL MANAGEMENT INSTRUMENTS TO EXCLUDE CERTAIN ACTIVITIES FROM ENVIRONMENTAL AUTHORISATION REQUIREMENT

Title: National Environmental Management Act, 1998: Notice of the Intention to Adopt Environmental Management Instruments for the Purpose of Excluding In Terms of Section 24(c) and (e) of the National Environmental management Act, 1998, Identified Activities From the Requirement to Obtain Environmental Authorisation

Gazette reference: GN 4386 in GG 50138 of 16 February 2024

Commencement date: 17 March 2024

On 16 February 2024, the Minister of Forestry, Fisheries and the Environment gave notice of her intention to adopt the Kruger National Park Management Plan 2018-2028 and the Generic Environmental Management Programme for the Kruger National Park as environmental management instruments.

Based on this adoption, the Minister intends to exclude the South African National Parks from the requirement to obtain an environmental authorisation, prior to the commencement of certain activities, when undertaken in line with the zoning scheme in the Kruger National Park Management Plan.

The exclusion is subject to compliance with the Generic Environmental Management Programme for the Kruger National Park and the Code of Conduct for the Kruger National Park. All documents related to this exclusion are available on this link on the departmental webpage:

https://www.dffe.gov.za/projectprogrammes/environmental_management_instruments

The excluded activities are:

All activities listed in the Annual Infrastructure Project Implementation Plan;

All activities related to maintenance; and

All activities related to conservation projects or rehabilitation.

In the context of these activities, the following activities do not form part of the exclusion:

All energy activities related projects for which an atmospheric emission license is required; and

All waste management activities for which a waste management license is required.

In these cases, an application for an environmental authorisation is required.

NATIONAL ENVIRONMENTAL MANAGEMENT ACT: AMENDMENT OF THE TRANSITIONAL ARRANGEMENTS IN THE FINANCIAL PROVISIONING REGULATIONS

11 July 2024

News NATIONAL ENVIRONMENTAL MANAGEMENT ACT: AMENDMENT OF THE TRANSITIONAL ARRANGEMENTS IN THE FINANCIAL PROVISIONING REGULATIONS

Title: National Environmental Management Act: Amendment of the Transitional Arrangements in the Financial Provisioning Regulations

Gazette reference: GN 4296 in GG 50059 of 1 February 2024

Commencement date: 1 February 2024

On 1 February 2024, the Minister of Forestry, Fisheries and the Environment extended the date for compliance holders of rights and permits obtained under the Mineral and Petroleum Resources Development Act, 2002 regime through an amendment of the transitional arrangements contained in the Financial Provisioning Regulations, 2015 (“the Regulations”).

Regulation 17A of the Regulations has been amended so that the holder of an offshore exploration or production right, who applied for such right prior to 20 November 2015, regardless of when the right was obtained –

Must comply with the Regulations; and

shall be regarded as complying with the provisions of the Regulations if such holder complies with the provisions and arrangements regarding financial provisioning in terms of the Mineral and Petroleum Resources Development Act, 2002.

Regulation 17B of the Regulations has also been substituted to reflect the same provisions as 17A, for any holder, or holder of a right or permit, who applied for such right or permit prior to 20 November 2015.

NATIONAL ENVIRONMENTAL MANAGEMENT ACT: EXTENSION OF THE APPOINTMENT OF ENVIRONMENTAL ASSESSMENT PRACTITIONERS ASSOCIATION

30 January 202430 April 2024

News NATIONAL ENVIRONMENTAL MANAGEMENT ACT: EXTENSION OF THE APPOINTMENT OF ENVIRONMENTAL ASSESSMENT PRACTITIONERS ASSOCIATION

Title: National Environmental Management Act, 1998: Extension of the Appointment of the Environmental Assessment Practitioners Association of South Africa as the Single Registration Authority in terms of the National Environmental Management Act

Gazette reference: GN 4292 in GG 50046 of 30 January 2024

Commencement date: 30 January 2024

On 30 January 2024, the Minister of Forestry, Fisheries and the Environment extended the appointment of the Environmental Assessment Practitioners Association of South Africa (EAPASA), as a single registration authority, in terms of section 24(H)(3), read with section 24(H)(6), of the National Environmental Management Act for a period of 24 months.

The EAPASA was appointed as the single registration authority for five years, with effect from 8 February 2018 until 7 February 2023, whereby the appointment period was extended until 7 February 2024. This appointment is further extended until 7 February 2026 to enable the Minister to adequately consider what the most sustainable way forward will be for the long-term regulation of environmental assessment practitioners.

NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT: NOTICE REGARDING MANUAL REGISTRATION OF DATA PROVIDERS

30 January 202430 April 2024

News NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT: NOTICE REGARDING MANUAL REGISTRATION OF DATA PROVIDERS

Title: National Environmental Management: Air Quality Act 39 of 2004: Notice Regarding Manual Registration of Data Providers and Reporting of Greenhouse Gas Emissions for the 2023/2024 and 2024/2025 Reporting Cycles

Gazette reference: GN 4248 in GG 49984 on 11 January 2024

Commencement date: 11 January 2024

On 11 January 2024, the Minister of Forestry, Fisheries and the Environment, in terms of regulation 5(4) and 7(5) of the National Greenhouse Gas Emission Reporting Regulations 2016, as amended, gave notice regarding the manual registration of data providers and reporting of greenhouse gas emissions for the 2023/2024 and 2024/2025 reporting cycles. Data providers must register and report greenhouse gas emissions data and information manually using the prescribed templates attached to the Notice.

The reasons for manual registration of data providers and reporting of greenhouse gas emissions is that the South African Greenhouse Gas Emission Reporting System (SAGERS) will no longer be used for registration and reporting during the 2023/2024 and 2024/2025 reporting cycles due to planned system upgrades.

WASTE ACT: NOTICE OF EXTENSION ON COMMENTING PERIOD ON THE DRAFT STRATEGY FOR REDUCING FOOD LOSSES AND WASTE

30 December 202330 April 2024

News WASTE ACT: NOTICE OF EXTENSION ON COMMENTING PERIOD ON THE DRAFT STRATEGY FOR REDUCING FOOD LOSSES AND WASTE

Title: National Environmental Management: Waste Act 59 of 2008: Notice of extension of commenting period on the draft Strategy for reducing food losses and waste

Gazette reference: GN 4138 in GG 49794 on 1 December 2023

Deadline for public comments: 18 December 2023

On 1 December 2023, the Minister of Forestry, Fisheries and the Environment, in terms of sections 72 and 73 of the National Environmental Management: Waste Act, extended the commenting period on the draft Strategy for Reducing Food Losses and Waste (as was published for public comments in GN 3888 on 19 September 2023).

The South African Government is a signatory to the United Nations Sustainable Development Goals (SDGs) with specific focus on SDG12 which seeks to “ensure sustainable consumption and production patterns. Target 12.3 calls for cutting in half per capita global food waste at the retail and consumer level and reducing food losses along production and supply chains (including post-harvest losses) by 2030.

The Department of Forestry, Fisheries and the Environment has developed the Food Losses and Waste Strategy as one of the key interventions of the National Waste Management Strategy (NWMS) 2020. The Food Losses and Waste Strategy was developed based on current research, reviews from sector experts and inputs from industry stakeholders. The result of this translated into a focused implementation plan with five strategic pillars and associated goals backed by strong legislative instruments and best practices.

DRAFT NOTICE PROHIBITING CERTAIN ACTIVITIES INVOLVING AFRICAN LIONS

9 October 2023

News DRAFT NOTICE PROHIBITING CERTAIN ACTIVITIES INVOLVING AFRICAN LIONS

Title: Publishing of Draft Notice Prohibiting Certain Activities involving African Lion (Panthera Leo) for Public Comment

Gazette reference: GN 3926 n GG 49383 on 29 September 2023

Deadline for submitting comments: 29 October 2023

On 29 September 2023, the Minister for Forestry, Fisheries and the Environment, in terms of section 9A read with sections 99 and 100 of the National Environmental Management: Biodiversity Act, 2004, announced her intention to prohibit the establishment or registration of new captive breeding facilities, commercial exhibition facilities, rehabilitation facilities or sanctuaries in respect of live specimens of African lion and the keeping of live specimens of African lion in any other new controlled environment. The main purpose appears to be to prohibit the establishment of new captive lion breeding facilities for lions and to provide that new sanctuaries, commercial exhibition facilities or rehabilitation facilities for lions may not be established unless they “provide a public function” or are operated on a non-profit basis.

Members of the public are invited to submit written comments by 29 October 2023 by email to lionprohibition@dffe.gov.za.

DRAFT POLICY POSITION ON THE CONSERVATION AND SUSTAINABLE USE OF ELEPHANT, LION, LEOPARD AND RHINOCEROS: COMMENTS INVITED ON THE DRAFT

9 October 20239 October 2023

News DRAFT POLICY POSITION ON THE CONSERVATION AND SUSTAINABLE USE OF ELEPHANT, LION, LEOPARD AND RHINOCEROS: COMMENTS INVITED ON THE DRAFT

Title: Draft Policy Position on the Conservation and Sustainable Use of Elephant, Lion, Leopard and Rhinoceros: Comments invited on the Draft

Gazette reference: GN 3887 in GG 49319 on 19 September 2023

Deadline for submitting comments: 19 October 2023

On 19 September 2023, the Minister of Forestry, Fisheries and the Environment, published the draft Policy Position on the Conservation and Sustainable Use of Elephant, Lion, Leopard and Rhinoceros (the “Draft ELLR Policy”) for public comment. Some commentators on the first draft of the ELLLR Policy pointed out that an overarching policy on all species should be adopted first. Consequently the ELLR Policy development process was suspended until that had been done.

Policy development process was suspended until that had been done.

The draft ELLR Policy is informed by:

(c) the White Paper on Conservation and Sustainable Use of South Africa’s Biodiversity which was published for implementation on 14 June 2023;

(d) the report of the High Level Panel (HLP) on Elephant, Lion, Leopard and Rhinoceros;

(e) the recommendations of the Committee of Inquiry that was appointed to advise on the possibility of proposing legal interventions on international trade in rhino horn to the 17th Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES); and

(f) the Colloquium report on captive lion breeding for hunting.

REVIEW OF THE NATIONAL WATER RESOURCES STRATEGY

9 October 2023

News REVIEW OF THE NATIONAL WATER RESOURCES STRATEGY

Title: National Water Act 36 of 1998: Review of the National Water Resources Strategy

Gazette reference: GN 3855 in GG 49225 on 1 September 2023

Commencement date: 1 September 2023

On 1 September 2023, the Minister of Water and Sanitation, in terms of section 5(4)(b) of the National Water Act (NWA), published the revised National Water Resource Strategy, 3rd edition.

The revised National Water Resource Strategy, 3rd edition, consists of the following Chapters:

– Introduction

– Strategic Imperatives

– Context

– Reducing Water Demand

– Increasing Water Supply

– Redistributing Water for Transformation

– Managing Effective Water and Sanitation Services

– Regulating the Water and Sanitation Sector

– Managing Water and Sanitation Under a Changing Climate

– Promoting International Cooperation

– Improving Water Quality

– Protecting Aquatic Ecosystems and Maintaining Restoring Ecological Infrastructure

– Creating Effective Water Sector Institutions

– Collecting Data and Analysing and Managing Information and Effective Monitoring

– Evaluation and Reporting

– Building Capacity for Action

– Ensuring Financial Stability

– Enhancing and Enabling Deployment of Research, Development and Innovation

– Addressing Legislative and Policy Gaps

NATIONAL ENVIRONMENTAL MANAGEMENT ACT: AMENDMENT TO THE FINANCIAL PROVISIONING REGULATIONS

9 October 2023

News NATIONAL ENVIRONMENTAL MANAGEMENT ACT: AMENDMENT TO THE FINANCIAL PROVISIONING REGULATIONS

Title: National Environmental Management Act, Act 107 of 1998: Amendment to the Transitional Arrangements in the Financial Provisioning Regulation, 2015

Gazette reference: GN 3841 in GG 49220 on 1 September 2023.

Commencement date: 1 September 2023

The Minister of Forestry, Fisheries and the Environment extended, by 5 months, the date of compliance for holders of rights and permits obtained under the Mineral and Petroleum Resources Development Act, 28 of 2002 (“MRPDA”).

The Regulations pertaining to the Financial Provision for Prospecting, Exploration, Mining or Production Operations (GNR.1147 of 20 November 2015, as amended) made under the National Environmental Management Act (“the Financial Provisioning Regulations, 2015”) contain transitional provisions that specify when these regulations must be complied with. Regulation 17A deals with when holders of offshore oil and gas exploration or production rights must comply with those Regulations, and regulation 17B deals with compliance by holders of other rights under the MPRDA (e.g. holders of prospecting or mining rights). The Minister has again extended the deadline by which such rights holders must comply with the Financial Provisioning Regulations, 2015 by amending Regulation 17B to read:

“Unless regulation 17A applies, a holder, or holder of a right or permit who applied for such right or permit prior to 20 November 2015, regardless of when the right or permit was obtained –

(a) must by no later than 19 February 2024 comply with these Regulations; and

(b) shall, until 18 February 2024, be regarded as having complied with the provisions of these Regulations, if such holder has complied with the provisions and arrangements regarding financial provisioning, approved as part of the right or permit issued in terms of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002).”

NATIONAL ENVIRONMENTAL MANAGEMENT ACT: DRAFT NATIONAL APPEAL REGULATIONS

25 August 202322 September 2023

News 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

5 August 202322 September 2023

News 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

2 August 202322 September 2023

News 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.

NATIONAL ENVIRONMENTAL MANAGEMENT ACT: AMENDMENT TO PROTOCOLS FOR SPECIALIST ASSESSMENT AND REPORT CONTENT REQUIREMENTS FOR ENVIRONMENTAL IMPACTS ON TERRESTRIAL ANIMAL AND PLANT SPECIES

28 July 202322 September 2023

News NATIONAL ENVIRONMENTAL MANAGEMENT ACT: AMENDMENT TO PROTOCOLS FOR SPECIALIST ASSESSMENT AND REPORT CONTENT REQUIREMENTS FOR ENVIRONMENTAL IMPACTS ON TERRESTRIAL ANIMAL AND PLANT SPECIES

Title: National Environmental Management Act, 1998: Amendment to the Protocols for the Specialist Assessment and Minimum Report Content Requirements for Environmental Impacts on Terrestrial Animal and Plant Species

Gazette reference: GN 3717 in GG 49028 of 28 July 2023

Commencement date: 28 July 2023

On 28 July 2023, the Minister for Forestry, Fisheries and the Environment, amended the protocols in respect of specialist assessment and minimum report content requirements for environmental impacts on terrestrial animal and terrestrial plant species, by removing the reference to “terrestrial” where it occurs in the protocols. The amendment allows the protocols to apply to all animal and plant species (and not just terrestrial species) as well as providing for minor adjustments to the requirements for compliance statements.

The amendment is necessary to allow for the protocols to apply to freshwater species (many of which are threatened species). The requirements of the protocols will apply to freshwater species from the date of publication, except where the application provides proof to the competent authority that the specialist assessment affected by these amendments were commissioned prior to the date of publication of the amended protocols, in which case Appendix 6 of the Environmental Impact Assessment Regulations, 2014, will apply to such applications.

MARINE LIVING RESOURCES ACT: INTENTION TO AMEND REGULATIONS FOR PROTECTION OF WILD ABALONE

8 July 202322 September 2023

News MARINE LIVING RESOURCES ACT: INTENTION TO AMEND REGULATIONS FOR PROTECTION OF WILD ABALONE

Title: Marine Living Resources Act, 1998 (Act No.18 of 1998): Consultation on the Intention to Amend the Regulations for the Protection of Wild Abalone, 2008

Gazette reference: GN 3653 in GG 48923 of 7 July 2023

Deadline for comments: 6 August 2023

On 7 July 2023, the Minister of Forestry, Fisheries and the Environment published, for public comment, her intention to amend the Regulations for the Protection of Wild Abalone (Haliotis) in terms of sections 77(1)(b) and 2(y) of the Marine Living Resources Act, 1998.

Annexure 1 to the Regulations would be amended as follows:

The substitution of paragraph 2 of Annexure 1 for the following paragraph:

“2. Quion Point to Struisbaai Harbour breakwater (from the end of the breakwater at coordinates (-34.585339; 19.338947) along the coast to Struisbaai Harbour breakwater at coordinates (-34.799223; 20.059544), extending 2 nautical miles seaward from the high water mark.”

The period for public comments on the Amended Regulations has closed.

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