IPIC`s PowerPoint presentation is available here

Report
NEMA / MPRDA AND NWA AMENDMENTS
JOINT PRESENTATION
ON MINE ENVIRONMENTAL MANAGEMENT
10 SEPTEMBER 2013
1
OUTLINE
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List of Acronyms
Purpose of the presentation
Problem statement
Introduction and Background
Agreements
Earlier amendments
2011 Agreement
Status Quo/ Differences
Inter-Departmental Project Implementation Committee
(IPIC)
MPRDA Bill 2013
NEMA Bill 2013
OUTLINE ...2
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Water Legislation
Sub-ordinate legislation
Joint initiatives by the three Departments
Capacity Implications for Implementation
Implementation date
Additional Amendments required in terms of
NEMA
Outline 3
 Additional Amendments required in terms of NEM:WA
 Additional Amendments required in terms of MPRDA
 Concluding Remarks
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LIST OF ACRONYMS
 DEAT – Department of Environmental Affairs and Tourism
 DEA – Department of Environmental Affairs
 DME – Department of Minerals and Energy
 DMR – Department of Mineral Resources
 EA – Environmental Authorisation
 E&T – Environmental Affairs and Tourism
 EIA – Environmental Impact Assessment
 M&E – Minerals and Energy
 MPRDA – Minerals and Petroleum Resources Development
Act
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LIST OF ACRONYMS ...2
 NEMA – National Environmental Management Act
 SEMA – Specific Environmental Management Act
 GN – Government Notice
 GG – Government Gazette
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PURPOSE OF THE PRESENTATION
 To inform the Portfolio Committee's on Water and Environmental
Affairs and on Mineral Resources on:
 the history that informed the National Environmental Management
Laws Amendment Bill, 2013 and the Mineral and Petroleum
Resources Development Amendment Bill, 2013, and
 the content of the Bills as far as it relates to environmental matters
and the progress made on subordinate legislation to date.
 Report on the work of the three Departments, in line with the
agreement on aligning the licensing systems for mine
environmental management.
 The combined approached in line with the work of the
Interdepartmental Project Implementation Committee.
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PROBLEM STATEMENT
 Environmental aspects of exploration, prospecting, mining and
production activities (mining activities) are currently regulated in
terms of the MPRDA.
 Mining activities currently require a mining permit, including an
EMPR (DMR) a water use licence (DWA), and, for listed
activities occurring in a mining area, an environmental
authorisation and/or waste management licence, and/or air
emission licence (DEA). Licences may also be required in terms
of the ICM Act.
 These laws have their own process and information requirements
and there is currently a lack of integration.
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INTRODUCTION AND BACKGROUND
During the 2002 – 2008 process of amending the Mineral
and Petroleum Resources Development Act, an agreement
was reached between the Ministers of DEA & DMR, which
intended to:
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The agreement included the:
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Adopt an integrated mine environmental management system.
Align the MPRDA with NEMA.
Repeal of all the mine environmental management provisions, through the
MPRD Amendment Act;
Transfer of MPRDA environmental provisions to NEMA to create a unified law
and system covering environmental impact management;
Provision in NEMA for an 18 month window period for the implementation of
the environmental provisions relating to mining, prospecting, exploration &
production.
INTRODUCTION AND BACKGROUND
 In principle, the 2008 agreement is as follow:
 One system – prescribed by NEMA
 Minister of M&E retain mandate as designated competent
authority to implement environmental system related to
mining and mining areas;
 Minister of EA&T instated as appeal authority in mining related
environmental authorisations – to enable the Minister
responsible for the environment to exercise the function of
custodian of the environment;
 Transition from the MPRDA managed system to NEMA 18
months from the date where both the NEMA and MPRDA
Amendment Bills are in force.
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INTRODUCTION AND BACKGROUND ...2
 During March & April 2008, the agreement was considered and
elaborated in various political fora before being submitted to a
joint meeting of the then EA &T and M&E portfolio committees.
 The agreement was adopted by the joint portfolio committees
meeting with the following addition:
- After 18 months of implementation, the environmental
management function related to mining will, in its entirety, be
transferred to the environmental authority.
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INTRODUCTION AND BACKGROUND ...3
 In order to give effect to the agreement, the following legislative
and regulatory changes were required:
 In terms of “one system”
 The MPRDA was amended by:
 Repealing all provisions related to environmental management;
 Making granting of prospecting / mining / reconnaissance applications
subject to environmental authorisations (one of the granting conditions);
 The NEMA was amended by:
 Inclusion of environmental management provisions of the MPRDA currently
not adequately covered by NEMA (e.g. financial provisions for rehabilitation;
closure; etc.);
 Allowing for alignment of processes;
 Legislate timeframes for the review of environmental authorisations;
 Result – environmental management regulated by NEMA only.
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INTRODUCTION AND BACKGROUND ...4
 In terms of competent authority - NEMA was amended by:
 Assigning competence to the Minister of Minerals and Energy for the
implementation of the environmental management system (not to formulate
environmental policy, regulations, guidelines and norms & standards).
 Environmental management regulated by NEMA only but, for mining,
implemented by DME.
 In terms of appeal authority - NEMA was amended by:
 Assigning the Minister of Environmental Affairs and Tourism as the appeal
authority for all environmental authorisations that were issued for mining
related activities by the Minister of Minerals and Energy.
 In terms of transition
 NEMA and MPRDA were amended to provide for transitional arrangements of an 18
month period.
 Within NEMA, included a provision to transfer the Minister of M&E’s environmental
authorisation competence to the Minister of EA&T within 3 years.
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INTRODUCTION AND BACKGROUND ...5
 In terms of the EIA Regulations:
 Inclusion of content requirements for Environmental
Management Programmes and Plans; community consultation;
etc (previously in MPRDA);
 Listing of Mining (exploration, prospecting; mining, and
associated activities in Mining areas)
 Included in Basic Assessment and Scoping and Environmental
Impact Report lists to 2010 EIA Regulations
 Assigning Competent Authority as per NEMA provisions (section
24C)
 Prescribe an Appeal process
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LEGISLATION FLOWING FROM THE 2008
AGREEMENT
 Legislative and Regulatory amendments to give effect to agreement
were included in the:
 National Environmental Management Amendment Act, 2008 (Act No.
62 of 2008) (came into effect on 1 May 2009)
 Mineral and Petroleum Resources Development Amendment Act,
(came into effect on7 June 2013)
 Environmental Impact Assessment Regulations, 2010 (GN R543, GG
33306, came into effect on 18 June 2010) (Entered into force on 2
August 2010)
 The activities lists in terms of section 24(2) of NEMA (GN R544, R
545, R546 – GG33306 of 18 June 2010. (Entered into force on 2
August 2010)
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2011 AGREEMENT
 Ministers met again during 2011 to further discuss mining related
matters and alignment of legislative requirements .
 A workshop on the amendment of the legislation was held
between the Departments of DEA, Water Affairs and Mineral
Resources on 26 July 2011.
 Resulted in an options report to the Ministers.
 The Ministers preferred option 2:
 The 2008 agreement without the final transfer of the function to Environmental
Affairs
 Added: Different authorisation processes resulting from the agreement must
be preferably integrated, if not possible, aligned
 Added: a last addition was to pay specific attention to mining in ecologically
sensitive areas
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INTER-DEPARTMENTAL PROJECT IMPLEMENTATION
COMMITTEE (IPIC)
LEGISLATION
PROPOSED OPTIONS
OPTION 1
RECOMMENDED
OPTION
OPTION 2
OPTION 3
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Move environmental function to DEA.
- Posed Constitutional challenges in that it wanted to devolve powers on
regulating environmental matters to provinces as they pertain to the
mining sector.
- Legislative amendments needed to be done on NEMA, NWA and
MPRDA.
- Disintegrated licensing system.
Keep the function at DMR
- This will create and integrated and streamlined licensing system.
- Legislative amendments required in the MPRDA, NWA and NEMA.
-Timeframe alignment with Department of Water Affairs (DWA) on Water
Use Licenses (WULs).
Leave functions where they are in the three Departments
-Legislative amendments are required in NEMA, MPRDA and the NWA.
- It will not give effect to a streamlined licensing system.
STATUS QUO / DIFFERENCES
 The current agreement between the three Departments as
reflected in the two Amendment Bills currently before
Parliament differs from the 2008 agreement in the following
respects:
 The mining related environmental function will not be transferred
to the Minister of DEA but implemented by the Minister of DMR in
terms of the NEMA, but
 The Minister of Environmental Affairs will remain the appeal
authority for environmental mining activities;
 The alignment of regulatory processes was added to the scope
of the agreement; and
 Provides for Mining restriction in ecologically sensitive areas
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STATUS QUO / DIFFERENCES ...2
 Mining will be subjected to an Environmental Authorisation process
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(EIA in terms of NEMA)
This will replace the Environmental Management Plan or Programme (EMP
or EMPR) process undertaken as a pre-condition for the Mining Permit or
Right in terms of the MPRDA and the NEMA process for ancillary listed
activities,
The NEMA process will be authorised by Minister of DMR (competent
authority).
The Minister of DMR may appoint Mineral Resource Inspectors, with all the
powers of an environmental management inspector to enforce environmental
laws as far as it relates to mining.
The mining right and mining permit will follow the MPRDA
authorisation process and are issued by Minister DMR.
The Environmental Authorisation and WUL processes would be triggered by
the application for the mining right.
Therefore, processes will run in parallel to align and streamline the issuing of
various decisions.
INTER-DEPARTMENTAL PROJECT
IMPLEMENTATION COMMITTEE (IPIC)
The IPIC in March 2012 has been tasked to elaborate the
technical detail of this agreement. To date the IPIC had 7
meetings.
• The IPIC comprises reps from DMR, DEA (and provinces) and
DWA;
• Task teams have been established;
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Appeals and Legislative Amendments TT,
Co-ordinated Timeframes TT,
Capacity TT,
Enforcement TT,
Joint Planning TT, and
Communication TT
INTER-DEPARTMENTAL PROJECT
IMPLEMENTATION COMMITTEE (IPIC) ...2
 Appeals and Legislative Amendments TT –streamline Acts, regulations and
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appeals processes;
Enforcement TT – enforceability of legislation to ensure greater
compliance;
Co-ordinated Timeframes TT – time frames and processes between the
respective laws;
Capacity TT - capacity to ensure effective implementation;
Communication TT – developed a comprehensive communication strategy
for the project;
Joint Planning TT – sharing and co-ordination of spatial information
relating to mining, protected areas, world heritage sites and other areas of
possible overlaps.
MPRDA BILL 2013
In 2010, the “Strategy for Sustainable Growth and
Meaningful Transformation of South Africa’s Mining
Industry” was adopted;
• The Strategy identified amongst others fragmented
licensing mechanisms as one of the key binding constraints
to the global competitiveness of the industry;
• Consequently, Minister of Mineral Resources and Minister
Water and Environmental Affairs agreed on modalities to
streamline licensing requirements for mining.
• This alignment process has been given effect to in the
MPRDA Amendment and NEMA Amendment Bills which
are currently before Parliament.
•
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NEMA BILL 2013
 The main aim of NEMLA Bill is to ensure further alignment
between the MPRDA, NEMA, NEMWA, the NEMA
Amendment Act, 2008, the MPRDA Amendment Act, 2008
and also to reflect the further agreements reached between the
Departments.
 When considering the amendments, these pieces of legislation
must be read together.
 The NEMLA Bill is summarised as follows:
 Minister of DMR is the competent authority to issue environmental
authorisations on prospecting, mining, exploration or production
activity (confined to the area for which the right has been applied for);
 State Departments will have to provide comments within 30 days on
applications for environmental authorisations as opposed to 40 days
currently stated in NEMA;
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NEMA BILL 2013 ...2
 The Minister of DMR is empowered to appoint Environmental
Mineral Resources Inspectors for the compliance monitoring and
enforcement of NEMA and NEMWA in relation to mining activities;
 The amendments to the National Environmental Management: Waste Act,
2008 (Act. No. 59 of 2008) regulate the management and control of
residue deposits and residue stock piles from an environmental
perspective, to be implemented by the Minister of Mineral Resources.
 The amendment to NEMAA provide for a transitional arrangement
process on pending environmental related appeals lodged under the
MPRDA to be finalised under that Act, and for appeals lodged after the
commencement of the NEMLA Bill to be processed in terms of NEMA, as
amended.
 The repeal of section 13 and Schedule to NEMAA to clarify that the
environmental management function in mining areas do not transfer
the environmental function as far it relates to mining activities to the
Department of Environmental Affairs after 36 months.
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WATER LEGISLATION
 No amendments are required to the National Water Act with
respect to the licensing process.
 There is a policy process currently under way at DWA.
 Regulations have been drafted to allow the alignment of
permitting systems.
 The amendments in this regard, do not include timeframes or
processes relating to appeals.
 The NWA will require amendments to address amendments to the
appeal process.
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SUB-ORDINATE LEGISLATION /
REGULATIONS
 Existing environmental impact assessment regulations and listing
notices require amendments to
 The time frames as agreed to between the three Departments.
 To indicate the Minister of DMR as the competent authority
 Listed activities for mining
 Appeal procedures and timeframes
 The DEA has drafted the amendments. The amendments will be
ready for public consultation within the next four months. The
regulations need to be in force by 8 December 2014.
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Proposed Process: S&EIR Process ito NEMA & ICM Act
MPRDA Application
Accepted
(Optional)
DWA
PROCESS
DMR
Continues to
process
MPRDA
application
BEE
Proposal
Scoping Report
7 days: Acknowledge
35 days accept or reject
60 days
Draft EIR & Draft
EMPr
30 days Public Participation
14 days to finalise
No substantive
changes to Draft
Review Committee
GENERAL AUTHORISATION OR NWA
PROCESS
Review Committee
GENERAL AUTHORISATION OR
NEMAQA PROCESS
60
30 days days
AEL
PROCESS
7 days : Acknowledge & accept or reject
30 days public participation
10 days for EAP to incorporate PP comments
EIR and EMPr
Substantive changes
to Draft
NEMA EA DECISION
(20 Days after acceptance of
EIR & EMPR)
ENVIRONMENTAL
AUTHORISATION APPEAL
FINALISED (60 – 90 days)
APPEAL ON EA DECISION
PREREQUISITE FOR
MPRDA DECISION
Mine Health
and Safety
DMR
Finalises
recommend
ation for
MWP
BEE
MH&S
7 days Acknowledge
50 days PP if substantially
Different form Draft
30 days Accept or Reject
20 days
57 days if Non substantive
107 days if substantive
WASTE
PROCESS
Draft Scoping
Report
GENERAL AUTHORISATION OR
NEMWA PROCESS
14
days
+
193 days
42 days
47 days
Application
WASTE
DECISION
AEL
DECISION
WUL
DECISION
EA, WASTE,
AEL and WUL
decisions
prerequisite
for MPRDA
decision
MPRDA DECISION
250 DAYS (Non- substantive) 300 DAYS (Substantive)
Pre-application
Proposed Process: BAR Process ito NEMA & ICM
MPRDA Application
Accepted
+
Draft
EMPr
60 days
No substantive
changes to Draft
Review Committee
Substantive changes
to Draft
WASTE,
AEL, DWA
PROCESS
DMR
Continues to
process
MPRDA
application
GENERAL AUTHORISATION
OR NWA PROCESS
90 DAYS
7 days : Acknowledge +
30 days public participation
Final BAR, including
Final EMPr
BEE
Proposal
Mine Health
and Safety
7 days Acknowledge
50 PP if substantially different
from Draft
30 days Accept or Reject
20 days
57 days if Non substantive
107 days if substantive
Draft Basic
Assessment
NEMA EA DECISION
(20 Days after acceptance of
BAR)
ENVIRONMENTAL AUTHORISATION APPEAL
FINALISED (60 -90 days)
DMR
Finalises
recommend
ation for
MWP
BEE
MH&S
Waste, AEL,
WUL
DECISION
EA, Waste,
AEL and WUL
decision
prerequisite
for MPRDA
decision
Appeal on EA decision prerequisite for
MPRDA decision
MPRDA DECISION
197 Days (Substrantive)
+
147 DAYS (Non- substantive)
Applicatio
n
60 days
30 days
Pre-application (Optional)
 Participation in the Interdepartmental Project Implementation Committee (IPIC) on
integrating the licensing systems
 Joint inspections for compliance monitoring on NWA, MPRDA and NEMA
 Development of the Mining and Biodiversity Guidelines
 Consideration of mining and sensitive areas such as World Heritage Sites
 Implementation of the Inter-Ministerial Committee (IMC) Report on Acid Mine Drainage
(AMD)
 Development of relevant regulations for effective implementation of integrated licensing
system
 Investigation of Consequences and Implications for the alignment of the licensing and
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regulatory systems and legislative amendments
CAPACITY IMPLICATIONS FOR IMPLEMENTATION
No.
Task Team
1.
Capacity
2.
3.
4.
5.
6.
SubTotal
30
Workstations
& other tools
Av.
Finance
Av.
Office
Space
Av.
Av.
Av.
Av.
Av.
Av.
DWA
Av.
Av.
Av.
Av.
Av.
DMR
-
-
-
R 5 000 000
R 5 000 000
DEA
-
-
-
R 5 000 000
R 5 000 000
DWA
-
-
-
R 5 000 000
R 5 000 000
DMR
-
-
-
-
R 44 700 000
DEA
Av.
Av.
Av.
Av.
Av.
DWA
Av.
Av.
Av.
Av.
Av.
Appeals and
legislative
amendments
DMR
Av.
Av.
Av.
Av.
Av.
DEA
10
-
-
-
R 3 089 523
DWA
Av.
Av.
Av.
Av.
Av.
Timeframes
alignment
DMR
69
-
-
-
R 16 200 000
DEA
Av.
Av.
Av.
Av.
Av.
DWA
Av.
Av.
Av.
Av.
Av.
DMR
Av.
Av.
Av.
Av.
Av.
DEA
Av.
Av.
Av.
Av.
Av.
DWA
Av.
Av.
Av.
Av.
Av.
DMR
69
-
-
R 5 000 000
R 65 900 000
DEA
10
-
-
R 5 000 000
R 8 089 523
DWA
-
-
-
R 5 000 000
79
-
-
R 15 000 000
R 5 000 000
R 78 989 523
Communication
Enforcement
Joint planning
Grand Total
HR
Training
DMR
Av.
DEA
Av.
IMPLEMENTATION DATE
 The Mineral Petroleum Resources Development Amendment Act,
2008 entered into force on 7 June 2013 and therefore the period
of the first 18 month alluded to above already commenced.
 The two Departments should therefore be ready to implement the
legislation by 8 December 2014, which make the NEMLA
amendment urgent as it is a section 76 Bill, while the MPRDA
amendment Bill is a section 75 Bill.
 To ensure that the authorisation processes associated with mining
are aligned, all four acts (NWA, NEMA/ NEMWA and MPRDA)
need to be amended and aligned.
 The Department of Water Affairs drafted regulations to align the
time frames for water use licences in line with the current
agreement. The appeals process is different from those of the
other two Departments and amendments to the National Water
Act, 1998 is required to change the process.
31
Additional legislative amendment s
required in terms of the NEMA
Section
1
1
32
Issue
Review definition of “applicant”
– remove (b) because it is
superfluous and not correct
Proposed text
“applicant” means a person who has submitted[-]
or who intends to submit an application for an
environmental authorisation;
[(a) or who intends to submit an application
for an environmental authorisation; or
(b) an application for an environmental
authorisation simultaneously with his or her
application for any right or permit in terms of
the Mineral and Petroleum Resources
Development Act, 2002;]
Environmental authorisations - Section 1 of the Principal Act is hereby amended
delete latter part “and include a by the substitution for the definition of
similar authorisation
“environmental authorisation” of the following
contemplated in a specific
definition:
environmental management
“environmental authorisation”, when used in
Act.
Chapter 5, means the authorisation by a
competent authority of a listed activity or
specified activity in terms of this Act[, and
includes a similar authorisation contemplated
in a specific environmental management Act];
Additional legislative amendment s
required in terms of the NEMA
Section
1
33
Issue
Proposed text
Check definition of “community”.
Include “community” interested
and affected party definition.
Should definition of “community”
be amended.
“community”─
(a) means any group of persons or a part of such a
group who share common interests, and who regard
themselves as a community; and
(b) in relation environmental matters pertaining to
prospecting, mining, exploration, production or
related activity on a prospecting, mining, exploration
or production area, means an interested and affected
party and a group of historically disadvantaged
persons with interest or rights in a particular area of
land on which the members have or exercise
communal rights in terms of an agreement, custom
or law: Provided that where as a consequence of the
provisions of this Act, negotiations or consultations
with the community is required, the community shall
include members or part of the community directly
affected by prospecting, mining, exploration or
production on land occupied by such members or
part of the community;
Additional legislative amendment s
required in terms of the NEMA
Section
1
24O(2)
34
Issue
Proposed text
Regional Mining
Remove reference to Regional Mining
Development and
Development and Environmental
Environmental Committee. Committee which is still used in sections
24N and 24O of the Act as it will not play
any role in terms of decisions.
Replace Department with “(2) The Minister, the Minister of Minerals
EAP or insert EAP.
and Energy, an MEC [or] identified
competent authority or an environmental
assessment practitioner must consult with
every State department that administers a
law relating to a matter affecting the
environment when he or she considers an
application for an environmental
authorisation.”
Additional legislative amendment s
required in terms of the NEMA
Section
43(1A)
Issue
Proposed text
Any person may appeal to the
Minister of Environmental
Affairs against decision taken
by the Minister of Mineral
Resources.
“(1A) Any person may appeal to the Minister
against a decision taken by the Minister of
[Minerals and Energy] Mineral Resources or
any person acting under a power delegated by
the Minister of Mineral Resources in respect of
an environmental management programme or
environmental authorisation.”.
Section 12 of the National Environmental
Management Amendment Act, 2008 is hereby
amended by the addition of the following
subsections:
“(8) An environmental management
programme or environmental management
plan approved in terms of section 39 of the
Mineral and Petroleum Resources
Development Act, 2002 must be reviewed in
terms of the National Environmental
Management Act, 1998.”.
Review of the Environmental
management plan issued in
terms of the MPRDA, before
8 December 2013 must be
done in terms of NEMA.
35
Additional legislative amendment s
required in terms of the NEMA
Section
36
Issue
Proposed text
43
Allow for categorising of
appeals
To be drafted
43
Allow for extension of
To be drafted
regulated appeal time frames
on agreement between
Ministers
43
Condonation clause: Limit
Scope and time frames
To be drafted
Additional legislative amendment s
required in terms of the NEMA
Section
28(4), (5),
(7), (8),
(9) and
(12)
37
Issue
The Director-General of
the Department of Mineral
Resources should be
given powers to issue a
directive in terms of
section 28(4).
A contravention of a
criteria or condition
included an instrument
adopted in terms of the
new s24(5)(bB) included in
the National Environmental
Laws Second Amendment
Bill must be included in
offence provisions.
Proposed text
Clause 12 of NEML Second Amendment
Bill:
Insert the words “Director General of the
Department of Mineral Resources” in
section 28(4), (5), (7), (8), (9), (12) of
NEMA.
Clause 25 of NEML Second Amendment
Bill:
“(e) fails to comply with a criteria or
condition specified by the Minister or MEC
in any regulation made under section
24(5)(bB);”
Additional legislative amendment s
required in terms of the NEMWA
Section
79A
Issue
Proposed text
Delegation by Minister of Mineral
Resources
79A. Delegation by Minister of Mineral Resources
(1) The Minister responsible for mineral resources
may delegate a function entrusted to him or her in
terms of this Act to(a) the Director-General of the Department of Mineral
Resources; or
(b) any official or to the holder of a specific post in
the Department of Mineral Resources.
(2) A delegation in terms of subsection (1)(a) must be in writing;
(b) may be made subject to any condition;
(c) does not prevent the performance of the function
by the Minister of Mineral Resources himself or
herself; and
(d) may be withdrawn by the Minister of Mineral
Resources.”.
38
Additional legislative amendments - NEMWA
Section
Issue
Absence of provision similar to NEML
Second Amendment Bill to prohibit
the undertaking of activities in
specified geographical areas.
Proposed text
A provision similar to the newly inserted s24(2A) (clause
5(c)) in the National Environmental Management Laws
Second Amendment Bill [B 13─2013] should be
considered.
43
Amendment to section 43 – Align with
24C amendment. Include activities
and the residue stockpiles in the
listing notices.
Clause 10 of the National Environmental Management
Laws Amendment Bill [B 26─2013] amends section 43 to
insert subsection (1A) to ensure that the Minister of Mineral
Resources continues as licensing authority for those waste
management activities involving residue deposits and
residue stock piles. The wording proposed for the
competent authority in the NEMLA (Mining) and the
NEMWA should be the same.
Waste information system applies to
stock piles.
39
Waste information regulations are applicable to those
waste management activities listed in Annexure 1 to the
regulations. Mostly is the generators hazardous waste.
We may need to give the Minister of Mineral Resources the
power/ obligation similar to that of the MEC in s62 of the
Act.
Additional legislative amendments - NEMAQA
Section
40 (3)
40
Issue
Alignment of issuing of an Air
Emission License with the time
frames of the Environmental
Authorisation issued by the Minister of
Mineral Resources in a mining area
Proposed text
Where the Minister responsible for Mineral Resources is
the competent authority in terms of section 24C of NEMA
and an provisional Air Emission License is required in
terms of this Act the Licensing Authority must decide the
application within the timeframes prescribed in terms of
Chapter 5 of NEMA
Where the Licensing Authority fails to comply with the
prescribed timeframes in terms of Chapter 5 of NEMA the
MEC or Minister may intervene
Additional legislative amendment s
required in terms of the MPRDA
Section
Issue
Proposed text
11
Transfer of MPRDA permit or right
may also require amended EA in
terms of NEMA. The written consent
of the DMR Minister will be for
amending the right in terms of MPRDA
and the amended EA will be in terms
of NEMA.
Reference to submission of
environmental reports required in
terms of Chapter 5 of NEMA within 60
days: prospecting right will require
basic assessment in terms of NEMA.
No reports are submitted on day 60 in
terms of NEMA. The application, draft
BAR and draft EMPr are submitted
with the application (day 1), and the
final BAR and EMPr is submitted on
day 90. What should be submitted to
DMR on day 60 as required by this
section?
No wording change required if there is an understanding
that an amendment to a right in terms of MPRDA will also
require as a prerequisite the obtaining of an amended
environmental authorisation.
16(4)
41
(a) to apply for an environmental authorisation and any
other authorisation required in terms of a Specific
Environmental Management Act and submit relevant
environmental reports in terms of Chapter 5 of the
National Environmental Management Act, 1998, within
the prescribed period.”.
Additional legislative amendment s required in terms of the
MPRDA
42
Section
Issue/Comment
Proposed text
17(1)
23(2)(d)
27(6)(b)
75(1)(c)
Should read “and an EA has been issued”. The EA
being issued must be a pre-requisite before a
MPRDA right can be issued – as agreed to by the
respective Ministers on 20 August 2013.
17(1)(g)
23(2)(i)
27(6)(f)
80(1)(g)
32(3)
How will the ability to comply with this requirement
be checked or verified by DMR?
“and an environmental
authorisation has been issued;
and where the environmental
authorisation has been
appealed, a decision on the
appeal has been issued by the
Minister of Environmental
Affairs”.
“the applicant has obtained
permission as required in terms
of the National Water Act, 1998
(Act No. 36 of 1998).”.
Add the words “in terms of
Chapter 5 of the National
Environmental Management Act,
1998” after the words
“environmental authorisation
issued”.
This section refers to environmental authorisation
conditions remaining in place. Is it appropriate to
have this in MPRDA as environmental matters
should be dealt with in NEMA.
Additional legislative amendment as
required in terms of the MPRDA
Section
Issue/Comment
Proposed text
43(13)
Closure will require environmental
authorisation in terms of NEMA.
MPDRA must refer to such EA being
required.
43 (4) An application for a closure certificate
must be made to the Regional Manager in
whose region the land in question is situated
… and such Regional Manager must notify the
applicant in writing to apply for an
environmental authorisation in terms of the
National Environmental Management Act,
1998, and submit the relevant environmental
reports within the prescribed period.”.
43 (13)
Insert (d):
“No closure certificate may be issued unless
an environmental authorisation has been
issued in terms of the National Environmental
Management Act, 1998.”.
43
Additional legislative amendment as
required in terms of the MPRDA
Section
Issue/Comment
Proposed text
56
Why has expiry been deleted?
What will happen with the MPRDA right
etc. in the instance where the EA which
is a prerequisite for MPRDA
permits/rights etc. is
suspended/withdrawn?
This refers to reports required in terms
of chapter 5 of NEMA but doesn’t
indicate that an EA is required for
reconnaissance – this will be listed in
terms of NEMA. EA must be prerequisite. The provisions should
indicate that NEMA EA application
should be lodged after the
reconnaissance permit application is
accepted by DMR (similar as in other
sections).
Insert (a):
(a) “the environmental authorisation issued in
terms of the National Environmental
Management Act, 1998, lapses, is
withdrawn or is suspended;”
74(4)(a)
44
Replace 74(4)(a) with the following:
“(a) to apply for an environmental authorisation
and submit relevant environmental reports in
terms of Chapter 5 of the National
Environmental Management Act, 1998, within
the prescribed period.”.
Additional legislative amendment as
required in terms of the MPRDA
Section
Issue/Comment
Proposed text
79(4)(b)
Exploration will require S&EIR in terms
of NEMA. Submission of
environmental reports in terms of
NEMA are submitted on application
(application for and draft scoping
report) followed by submission of draft
EIR and EMPr on day 149 Reference
to 120 days not clear what should be
submitted to DMR on day 120
Production right requires S&EIR in
terms of NEMA – submission of
reports on day 1 and day 149. What
should be submitted on day 180?
to apply for an environmental authorisation and
submit relevant environmental reports in terms
of Chapter 5 of the National Environmental
Management Act, 1998, within the prescribed
period.”.
83(4)(b)
45
to apply for an environmental authorisation and
submit relevant environmental reports in terms
of Chapter 5 of the National Environmental
Management Act, 1998, within the prescribed
period.”.
Additional legislative amendment as
Section
Issue/Comment
Proposed text
required in terms of the MPRDA
27(8)(a)
If a production right is subject to EA,
renewal thereof will also be subject to
EA requirement.
27(8)
“A mining permit (a) is valid…and may be
renewed for three periods each of which may not
exceed one year on condition that amended
environmental authorisation has been issued”.
85(2)
96(1)(b)
46
Section 96 starts off by saying that this
refers to a decision in terms of this Act –
meaning the MPRDA. No appeal on a
decision issued in terms of the MPRDA
will be dealt with in terms of NEMA.
Subsection (1)(b) suggests that appeals
on MPRDA decisions where the appeal
relates to environmental matters will
also be considered by the Minister of
W&EA in terms of NEMA – which is not
correct.
85(2)
“(e) Include an amended environmental
authorisation.”.
Delete 96(1)(b)
Additional legislative amendment as
required in terms of the MPRDA
Section
102(1)
47
Issue/comment
The wording suggests that the
initial environmental
authorisation must be obtained
in terms of NEMA but that
consent of the DMR Minister is
sufficient to obtain an
amendment thereof. An
amendment of an EA process is
prescribed in terms of NEMA.
The written consent will be over
and above that.
Proposed text
No wording change required if there
is an understanding that an
amendment to a right in terms of
MPRDA will also require as a
prerequisite the obtaining of an
amended environmental
authorisation.
Additional legislative amendment as
required in terms of the MPRDA,
NEMLA and NWA (if applicable)
Section
NEW
48
Issue/comment
Proposed text
Extraordinary clause making
To be drafted
any future amendments to
provisions and regulations of
the above acts dealing with
environmental management of
mining subject to (a) agreement
between the affected Ministers
and (b) approval by Parliament
ADVANTAGES
 Processes of applications of respective authorisations will run




49
parallel instead of sequential – with sequential decision
making.
Mining authorisation, water use licence and environmental
authorisation will be issued within the allocation timeframes.
Another major benefit will be the promotion of compliance
through providing and better coordinating the licensing
systems.
Integrated environmental management promoted.
Potential to restrict mining in agreed sensitive areas.
CONCLUDING REMARKS
 Legislative amendments have been effected to both the NEMA and




50
the MPRDA.
Work in the different Task Teams of the IPIC is continuing.
The three Departments are putting together systems for effective
implementation of the integrated permitting system
NEMA, NWA and the MPRDA amendment processes are being
finalised for implementation of Option 2 of the Matrix.
Additional legislative amendments required in terms of DWA,
DMR and DEA Acts.
THANK YOU
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