CLEARING THE AIR | Major changes expected to South Africa’s Environmental Legal Regime stemming from NEMLA4-NEMICMA #6of8

Once it becomes a thing, the National Environmental Management Laws Amendment Act 2 of 2022 (NEMLA4) will see just two amendments being made to the National Environmental Management: Integrated Coastal Management Act 24 of 2008 (NEMICMA). 

Firstly, section 60(1) of NEMICMA will be amended to allow for the removal of structures, on or within a coastal zone, that were erected prior to NEMICMA commencing. The wording “either prior to or after the commencement of this Act” will be inserted to the provision empowering the Minister / MEC to issue a written repair or removal notice. 

Of course removing pre-existing structures by changing the law doesn’t always work out brilliantly – “The Four Olds” during Mao’s Cultural Revolution comes to mind – and so some discretion and restraint will probably need to be applied. 

Importantly, Chapter 9 of NEMICMA in its entirety will be repealed in terms of NEMLA4. Chapter 9 sets out all the provisions related to appeals under NEMICMA. Therefore, in future, appeals under NEMICMA must be dealt with in terms of section 43 of National Environmental Management Act 107 of 1998 (NEMA). This will align with how appeals are dealt with under various other Specific Environmental Management Acts.

Like the opposite of those balance bracelets sold in the mid-2000’s, the aforementioned amendments to NEMICMA will be low in number but demonstrable in their efficacy. It’s important that they’re noted and understood by all persons or operations when applying the provisions of this Act.