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Written by Enviroadmin
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Thursday, 03 June 2010 23:14 |
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We have a number of readers seeking advice or information regarding the NEMA legislation.
We created this page for quick and easy access to the relevant documents you will need when.
2009
NEMA - National Environmental Management Act - Environmental Laws Amendment - No 14 of 2009 (G-32267) - PDF Download
NEMA - National Environmental Management Act - Protected Areas Amendment - No 15 of 2009 (G-32404) - PDF Download
2008
NEMA - National Environmental Management Act No 62 of 2008 (G-31789) - PDF Download
NEMA - National Environmental Management Act - Integrated Coastal Management - No 24 of 2008 (G-31884) - PDF Download
NEMA - National Environmental Management Act - Environmental Laws Amendment - No 44 of 2008 (G-31685) - PDF Download
NEMA - National Environmental Management Act - Waste Act - No 59 of 2008 (G-32000) - PDF Download
2005
Forest Laws Amednment Act - No 35 of 2005 (G-28602) - PDF Download
2004
NEMA - National Environmental Management Act Amendment - No 8 of 2004 (G-26570) - PDF Download
NEMA - National Environmental Management Act - Biodiversity Act - No 10 of 2004 (G-26436) - PDF Download
NEMA - National Environmental Management Act -Protected Areas Act - No 31 of 2004 (G27274) - PDF Download
NEMA - National Environmental Management Act - Air Quality Act - No 39 of 2004 (G-27267) - PDF Download
2003
NEMA - National Environmental Management Act Amendment - No 46 of 2003 (G-26018) - PDF Download
NEMA - Environment Convservation Amendment Act - No 50 of 2003 (G-26023) - PDF Download
NEMA - National Environmental Management Act -Protected Areas Act - No 57 of 2003 (G-26025) - PDF Download
2002
NEMA - National Environmental Management Act Amendment - No 56 of 2002 (G-24251) - PDF Download
2001
National Parks Amendment Act, [No. 54 of 2001], G 22914, 7 December 2001
- Repealed by National Environmental Management: Protected Areas Amendment Act, [No. 31 of 2004]
1998
National Forests Act - No 84 of 1998 (G-19408) - PDF Download
National Parks Amendment Act - No 106 of 1998 (G-19518) - PDF Download
NEMA - National Environmental Management Act - No 107 of 1998 (G-19519) - PDF Download
We'll keep adding to and enhancing this page with relevant information, feel free to send us any suggestions or important parts of legislation that people should be aware of.
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Last Updated on Friday, 04 June 2010 00:14 |
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Written by Enviroadmin
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Tuesday, 01 June 2010 02:00 |
National Draft Guidelines on Environmental Impact Assessments
The documents can be accessed at the following links:
National Draft Guidelines on Environmental Impact Assessments (Part1 )
National Draft Guidelines on Environmental Impact Assessments (Part2 )
National Greenhouse Gas Draft Inventory
090812greenhousegas.pdf
Waste Information Draft Regulations
090508draftwasteinformation.pdf
National Strategy on Sustainable Development and Action Draft Plan 2010 -2014
National Strategy on Sustainable Development and Action Draft Plan 2010 -2014
National Domestic Waste Collection Standards
National Domestic Waste Collection Standards
Free Basic Refuse Removal Draft Policy
Free Basic Refuse Removal Draft Policy
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Last Updated on Tuesday, 01 June 2010 02:08 |
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Written by Enviroadmin
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Monday, 24 May 2010 20:59 |
The Hitchiker’s Guide to the Constitution of South Africa
Crucial Extracts from the Constitution of South Africa’s Bill of Rights. Know your rights and exercise them.
This brief document created and distributed by www.environment.co.za in the specific interest of promoting the right to freedom of speech and thought and the right to an environment that is not harmful to any person’s health or well-being. This is a work in progress. Current Version: 1.0
Download this document by clicking here.
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Written by Enviroadmin
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Monday, 24 May 2010 20:56 |
Waste Bill will put pressure on business
A waste Bill, due to come into force over the next few weeks, will overhaul the way companies manage their waste, imposing heavy penalties on dirty businesses that contaminate land or dump waste illegally, notes the Financial Mail. Anyone found contravening the Act will face up to 15 years in prison or a R10m fine. It will also extend manufacturers' financial responsibility for their products, even if they have been consumed. ‘The Bill captures the concept of a duty of care from cradle to grave,’ says Joanne Yawitch, deputy DG at the Department of Environmental Affairs and Tourism. The private sector will now have to assume greater costs to keep the environment clean – or risk additional regulation, she adds. ‘Ideally we want industries to regulate themselves,’ says Yawitch. ‘But if necessary we can put in place waste quotas.’ Government is allocating more than R1.4bn over the next 10 years to cover the costs (mostly administrative) of implementing the Bill.
Full Financial Mail report (subscription needed)
Bill on Department of Environmental Affairs site
Powers of Environment Minister to be tested in ConCourt
The Constitutional Court will today (Thursday) hear a case, Department of Agriculture and Conservation MEC and Dr S T Cornelius v HTF Developers, concerning the powers of environmental authorities to issue directives under the Environmental Conservation Act. Section 31A of the Act empowers a named authority to direct any person who performs or fails to perform an activity that is causing or may cause damage to the environment, to stop the harmful activity or takes remedial steps within a specified period. Section 32 of the Act provides that a 30-day notice and comment procedure must be followed before directions are issued in terms of the law. The Supreme Court of Appeal held that the power to issue a directive in terms of section 31A of the Act could be exercised only in accordance with the procedures mandated by section 32. The applicants argue that the majority judgment in the Supreme Court of Appeal’s interpretation of the relationship between the two sections inhibits the ability of the Department of Agriculture, Conservation and Environment to act in emergency situations requiring urgent action to be taken in order to prevent damage to or destruction of the environment.
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Written by EnviroPolice
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Monday, 24 May 2010 20:55 |
ZA Environmental LAWs and other LAWs ... in South Africa do not mean more than being printed on paper, they are not implemented, but shelved.
South Africa is a big CIRCUS, with another performance everyday.
Just have a look what's going on ...
How can a person with 783 cases agaist him be left off the hook and made president?
Am I lying, or what?
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Last Updated on Monday, 24 May 2010 20:58 |
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Written by Enviroadmin
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Monday, 24 May 2010 20:54 |
The human's interlectual ability is the only weapon against the environment.The exersice of Environmental impact assesment which is one of the most important practice towards environmental protection has been challenged.
1st Right procedures and accurate results are not being followed.
2nd currently developers are complaining saying that the Practice is not effective and efficient, they can easilly justify their actions and convince the authorities to change their mind towards good practices. To confirm this i can refer to a new tender by the department of environmental affair and tourism for the review of effectiveness and efficiency of the Environmenatl impact assessment. What they are looking for is to see more exemptions and lots of projects being passed within a short period of time which is quite impossable. But despite that i can affirm that developers are going to win this. The government is much into satisfying individuals than fighting for the rest of the world.
Currently Abelon fishing was supposed to be stopped at cape town but due to pressure, the minister has changed his mind by extending another three month.
I am quite sure that there was a concrete environmental reason for them to stop the activity, but now they are forced to disregard the reason because of human' s interlectual ability.
They are scared of what the unions are saying but forget that the reason was to protect the the spcieces from being extint.
they are not confident that they are going to win this, just because they are not scared of the environment as it cannot speak for itself.
human's brain is the human's number one killer
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Written by Enviroadmin
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Monday, 24 May 2010 20:53 |
Review Of The Effectiveness And Efficiency Of Environmental Impact Assessment (EIA) As A Tool For Environmental Management In South Africa
The Department of Environmental Affairs and Tourism has commissioned a study into the effectiveness and efficiency of environmental impact assessment (EIA) as a tool for managing environmental impacts in South Africa.
In 1997, the department passed regulations regulating environmental impact assessments in terms of the Environment Conservation Act, 1989 (Act 73 of 1989). Since the regulations came into effect, several deficiencies and challenges have been highlighted and the department then promulgated the new EIA Regulations in terms of the National Environmental Management Act, 1998 (Act 107 of 1998) (as amended) which came into effect in July 2006. These regulations were implemented by both the provincial and national spheres of government and aimed amongst others to ensure that the environmental effects of activities are taken into consideration before decisions in this regard are taken; to promote sustainable development and to regulate the process and reports required to enable the Minister or his designated competent authority to make informed decisions on activities.
Despite the strides made towards an improved efficient and effective EIA system, there are criticism and perceptions of inadequacy about the success of the current EIA system as a tool for environmental impact management, which prompted the department to launch a study to review the efficiency and effectiveness of EIAs as a tool for environmental management in South Africa. The outcomes of the study will highlight the successes and shortcomings of the tool, identify measures for improvement and identify and introduce other appropriate tools. The results of this study will subsequently also inform the development of a national environmental impact management strategy and action plan for South Africa.
All interested parties are invited to participate in the study by registering (details below) as participant and to complete the general questionnaire. For more information regarding the project, please refer to the background information document.
Please register at:
Mosakong Management CC
Tel: (012) 430 6581
Fax: (012) 430 6504
e-mail:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Contact Ms. Hilda Mthimunye (012) 430 6581 or Ms. Chantal Matthys (012) 310 3158 should you have any enquiries regarding the projects.
Background Information Document
General Questionaire
EIA Regulations
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Written by Stan
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Monday, 24 May 2010 20:52 |
Is it legal for a mine to create HUGE waste dumps on agricultural ground it owns which fall outside its authorized mining area as set out in a DME map and license, they say they can as they own the ground, is it legal or should the dumps be inside the authorized area as the waste dumps are associated with mining activity.All these years they said it was mining area, then we got their EMP and it appears that it is not in the mining area defined by DME. We have been to DME regarding this matter, they refuse to help us.
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Written by Enviroadmin
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Monday, 24 May 2010 20:52 |
Dear Subscribers
The Portfolio Committee on Environmental Affairs and Tourism invites stakeholders and interested parties to submit written comments on the following new Bill:
National Environmental Laws Amendment Bill (B66-2008)
The Bill seeks to amend the: #9642; Atmospheric Pollution Prevention Act, 1965; so as to adjust, the penalties provided for in the said Act. #9642; Environment Conservation Act, 1989, so as to adjust the penalties provided for in the said Act and to remove the need to publish directions in the Gazette. #9642; National Environmental Management Act, 1998, so as to delete certain definitions; to provide for the establishment of forums or advisory committees; to make provision for increased powers of the courts; to remove the requirement that Environmental Management Inspectors must carry notices of designation with them; to extend the scope of routine inspections to the search of vehicles; and to regulate the jurisdiction of magistrate's courts in instances where the maximum fines have been increased. #9642; National Environmental Management: Protected Areas Act, 2003, so as to provide for increased measures of control over escaped animals and to adjust the penalties provided for in the said Act. #9642; National Environmental Management: Biodiversity Act; 2000, so as to provide for general surveillance monitoring; to provide further considerations for a biodiversity management plan; to provide for the obtainment of an environment impact assessment when genetically modified organisms are involved; to introduce notification requirements in the discovery phase of a bioprospecting project; to take into to consideration knowledge or specific individuals when issuing specific bioprospecting permits; to allow the Director-General or a trustee, to manage the Bioprospecting Fund; to allow for the renewal or amendment of a permit; to amend the regulations to allow for hunting; and to effect certain textual alterations. #9642; National Environment Management: Air Quality Act, 2004, so as to provide for a processing fee to review a license and to include directors or senior managers in a juristic person for the criteria for a fit and proper person.
Public hearings will be conducted at Parliament on Tuesday 12, August 2008 and Wednesday, 13 August 2008.
Submissions can be emailed to the Committee Secretary, Ms Albertina Kakaza at
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
by no later that 17:00 on Friday, 8 August 2008. Please indicate your interest in making a verbal presentation.
Enquiries: Ms Albertina Kakaza: 021 403 3765; cell: 083 354 4031
Issued by: Hon L Zita, Chairperson: Portfolio Committee on Environmental Affairs and Tourism
The Bill is also available here: http://www.pmg.org.za/bill
Thank you,
Mlulami Dodo
Parliamentary Monitoring Group
Website: http://www.pmg.org.za
Access to all Parliamentary Committee information
Email
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Tel 021 465 8885
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Written by Enviroadmin
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Monday, 24 May 2010 20:51 |
15 July 2008
Source: www.businessday.co.za
Linda Ensor
Cape Town
The government has proposed a range of measures such as tougher fines, wider powers of inspectors and the right to expropriate privately held servitudes in a bid to enforce sound environmental practices.
The proposals are contained in the draft National Environment Laws Amendment Bill tabled in Parliament yesterday which proposes amendments to a range of environmental laws.
Fines for contravening the Environment Conservation Act have soared from a fine not exceeding R100 000 to a maximum of R5 million. Violating some provisions of the National Environmental Management Air Quality Act and Biodiversity Act will carry a maximum fine of R10m or imprisonment for up to 10 years.
Proposed amendments to the National Environmental Management Act will entitle the director- general or provincial head of department to seek a court order to recover all costs arising from the failure to comply with an environmental directive.
In the past, the government had to bear the cost of remedial measures for environmental damage caused by others .
It will also become an offence to "unlawfully and intentionally or negligently commit any act or omission which causes or is likely to cause pollution or degradation of the environment" or which will detrimentally affect it. The maximum penalty for this offence will be a fine of R10m, imprisonment for 10 years or both.
A further amendment to this act will allow a court to order the award of damages or compensation or a fine equal to the monetary value gained, or likely to be gained, by an offender as a result of a contravention.
A proposed amendment to the National Environmental Management Protected Areas Act will allow the minister or MEC to expropriate a servitude or privately held right to state land under the Expropriation Act if no agreement can be reached with the owner.
New measures to control genetically modified organisms are also proposed in amendments to the Biodiversity Act. The minister may order an environmental impact assessment if the release of such an organism may pose a threat to indigenous species or the environment before issuing a permit.
Source: www.businessday.co.za
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