NATIONAL ENVIROMENTAL MANAGEMENT LAWS AMENDMENT BILL, 2015
Final Impact Assessment, 30 June 2015
1. Summarise the proposal, identifying the problem to be addressed and the
roots (causes) of the problem that will be addressed by the new rule.
The National Environmental Management Laws Amendment Bill, 2015 (NEMLA 4)
provides clarity on some provisions under the National Environmental Management
Act, 1998 (Act No. 107 of 1998) (NEMA), the National Environmental Management:
Protected Areas Act, 2003 (Act No. 57 of 2003) (NEMPAA), the National
Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) (NEMBA),
the National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004)
(NEMAQA), the National Environmental Management: Integrated Coastal
Management Act, 2008 (Act No. 24 of 2008) (NEMICM), the National Environmental
Management: Waste Act, 2008 (Act No. 59 of 2008) (NEMWA), the National
Environmental Management Amendment Act, 2008 (Act No. 62 of 2008) (NEMAA),
and the National Environmental Management Laws Amendment Act, 2014 (Act No.
25 of 2014) (NEMLA 3), in order to strengthen integrated environmental
management, the one environmental system, the efficacy of some of the compliance
monitoring and enforcement mechanisms, improve biodiversity and conservation
measures, air quality management and waste management.
PROBLEM
ROOT CAUSES
Various legal opinions on certain Challenges on the interpretation and
provisions of the NEMA and specific implementation of current specific
environmental management Acts lead to environmental management Acts.
incorrect application and implementation
of these legislation.
2. Describe the intended outcomes of the proposal.
The intention of the NEMLA 4 is to provide clarity on interpretation and
implementation of certain provisions under NEMA, NEMPAA, NEMBA, NEMAQA,
NEMICM, NEMWA, NEMAA and NEMLA 3.
3. Describe the groups that will benefit from the proposal, and the groups that
will face a cost. These groups could be described by their role in the economy
or in society. Add more lines if necessary.
a. Beneficiaries
i. Government: specifically the Departments of Environmental Affairs,
Mineral Resources, Water and Sanitation, provincial departments
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responsible for environmental affairs will ensure that the environment
is protected in a sustainable manner.
ii. Citizen of the country: specifically vulnerable and old persons will
enjoy an environment that is not harmful to their health or wellbeing.
b. Cost bearers
i. Juristic persons: manufacturing industries, mining companies and
developers will be required to ensure that their environmental
management measures mitigates impact to the environment. In
addition to ensure that their activities are undertaken in a sustainable
manner.
4. Describe possible disputes arising out of the proposal, and the system for
settling and appealing them. How onerous will it likely be for members of the
public to lodge a complaint and how burdensome and expeditious is the
proposed dispute-settlement procedure?
A dispute that may arise relate to compliance with environmental management
measure intended to deal with mitigation of impacts to the environment. Section 43
of the National Environmental Management Act, 1998 provides for any person to
appeal to the Minister of Environmental Affairs against any decision taken by any
person acting under a power delegated by the Minister under this Act or a specific
environmental management Act. The appeal process allows any person, without
relying on the services of a lawyer, to submit his or her appeal to the Minister. The
process has specific timeframes applicable both to the appellant and the Minister.
5. Describe the behaviour that must be changed, and the main mechanisms to
achieve the necessary changes. These mechanisms may include
modifications in decision making systems; changes in procedures;
educational work; sanctions; and/or incentives.
The interpretation and implementation challenges may lead to non-compliance with
the current environmental legislation. These challenges may economically benefit
those juristic persons required to comply with the law, and at the same time may
cause harm or degradation to the environment which may be harmful to the health
and wellbeing of the citizens of the country. The amendments strengthen the
Department of Mineral Resources as a competent authority to streamline processes.
The amendments to allow the Chief Financial Officers of the South African National
Parks and South African National Biodiversity Institute will ensure that the Board is
always abreast with the financial situation of these organisations.
6. Identify the groups inside and outside of government whose behaviour will
have to change to implement the proposal (add more lines if required).
a. National Department of Environmental Affairs;
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b. National Department of Mineral Resources;
c. Provincial Departments responsible for environmental affairs;
d. Metropolitan and District Municipalities;
e. Mining companies;
f. Manufacturing companies;
g. Developers;
h. Non-government organisations.
7. Report on consultations on the proposal with the affected government
agencies, business and other groupings noted in the previous point. What do
they see as the main benefits, costs and risks? Do they support or oppose the
proposal? What amendments do they want, and have these amendments been
incorporated in your proposal?
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The provincial departments responsible for environmental affairs and municipalities
were consulted through our MinMec processes and most of their inputs were
incorporated in the final draft NEMLA 4 Bill. The draft Bill will be published for public
comment after approval by Cabinet in order to allow members of the public to submit
inputs and comments.
Affected
stakeholders
What do they see
as main benefits,
costs and risks
Do they support
or oppose the
proposal
What
amendments do
they propose
Have these
amendments
been
incorporated in
your proposal
Departments of
environmental
affairs, mineral
resources and
provincial
departments of
environmental
affairs.
Alignment of
processes and
compliance
and
enforcement
provisions.
Yes.
Alignment of
licensing
provisions and
compliance
and
enforcement
provisions.
Yes.
Mining,
manufacturing
and developers
Streamlining of
processes and
timeframes for
issuing
licences.
Yes.
Streamlining of
licensing
provisions and
set timeframes
for issuing of
licences.
Yes.
Nongovernmental
organisations
Improved
Yes.
environmental
management
measures and
compliance
and
enforcement
measures.
Improved
compliance
and
enforcement
measures.
Yes.
8. Estimate the costs and benefits of implementing the proposal to the groups
identified in point 6 above, using the following chart. Add more lines if
required.
Group
Implementation Cost of
costs
changing
behaviour
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Costs/benefits Comments
from
achieving
desired
outcome
Group
Implementation Cost of
costs
changing
behaviour
Costs/benefits Comments
from
achieving
desired
outcome
a. National
Department of
Environmental
Affairs
Utilise existing
human capital
and financial
resources to
implement
existing
environmental
legislation in
consideration of
the proposed
amendments.
Existing
resources to
be utilised to
implement
proposed
amendments.
Sustainable
development.
None.
b. Provincial
Departments
responsible
for
environmental
affairs
Utilise existing
human capital
and financial
resources to
implement
existing
environmental
legislation in
consideration of
the proposed
amendments.
Existing
resources to
be utilised to
implement
proposed
amendments.
Sustainable
development.
None.
c.
Metropolitan
and District
Municipalities
Utilise existing
human capital
and financial
resources to
implement
existing
environmental
legislation in
consideration of
the proposed
amendments.
Existing
resources to
be utilised to
implement
proposed
amendments.
Sustainable
development.
None.
d. Citizens of
the country
None
None
None
None
9. Describe the changes required in budgets and staffing in government in order
to implement the proposal. Identify where additional resources would be
required for implementation. It is assumed that existing staff are fully
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employed and cannot simply absorb extra work without relinquishing other
tasks.
National department, provinces and metropolitan and district municipalities are to
utilise existing human capital and financial resources to implement the proposed
amendments.
10. Describe how the proposal minimises implementation and compliance costs.
The proposed amendments, where possible, requires the streamlining of legal
processes or requirements, for purposes of smooth implementation and to avoid
duplication of legal requirements.
11. Describe the main risks that could arise from adoption of the proposal. Add
more lines if required.
a. Non-compliance with proposed amendments.
12. Describe the measures taken to manage the identified risks. Add more rows if
necessary.
Identified risk
Mitigation measures
a. Non-compliance with The spheres of government must monitor compliance and
proposed amendments. pursue enforcement measures where non-compliance is
uncovered. In addition, through the MinMec structures
spheres of government meets quarterly to discuss
implementation of legislation, share challenges and
propose solutions.
13. Describe the mechanisms included in the proposal for monitoring
implementation, evaluating the outcomes, and modifying the implementation
process if required. Estimate the minimum amount of time it would take from
the start of the implementation process to identify a major problem and
remedy it.
Chapter 7 of the National Environmental Management Act, 1998, as a framework
environmental legislation, provides for compliance and enforcement measures
where non-compliance with any of the environmental legislation is detected. This
Chapter provides for various administrative and enforcement tools.
14. Summarise the impact of the proposal on the main national priorities.
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Priority
Impact
Social cohesion
None.
Security
None.
Economic growth
and investment
The proposed amendments may progressively lead to
transition to a green economy which is competitive and
sustainable.
Economic inclusion
(employment
creation and equity)
The proposed amendments may progressively lead to
transition to a society and green economy which is competitive,
sustainable and equitable.
Environmental
sustainability
The proposed amendments may progressively lead to a
progressively prosperous and equitable society living in
harmony with our natural resources.
15. Identify the social and economic groups that would benefit most and that
would bear the most cost. Add more rows if required.
Main beneficiaries
Main cost bearers
1. Government
1. Juristic person
2. Citizen of the country
3. Non-governmental organisation in the
environment sector
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16. In conclusion, summarise what should be done to reduce the costs, maximise
the benefits, and mitigate the risks associated with the legislation. Note
supplementary measures as well as amendments, if appropriate. Add more
lines if required.
The streamlining of legal requirements or processes and simplified environmental
management tools (which are currently provided for in the existing environmental
legislation) across the environmental legislation may maximize the benefits not only
for government but for juristic persons. Existing environmental legislation must be
implemented properly.
17. Please identify areas where additional research would improve understanding
of the costs, benefits and/or risks of the legislation.
None.
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