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 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 

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